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Agenda 10/23/2012 Item #11B 10/23/2012 Item 11 .B. EXECUTIVE SUMMARY Recommendation to reject all bids submitted in response to solicitation 12-5905, Rural Land Stewardship Area (RLSA) Program Review, and provide direction to staff on obtaining services from an outside independent firm to perform review and analysis of the RLSA amendment package. OBJECTIVE: To obtain services from an outside independent firm to perform review and analysis of the RLSA amendment package. CONSIDERATIONS: On December 14, 2011, the BCC directed staff to move the Rural Land Stewardship Area (RLSA) proposed amendments forward as part of the Growth Management Plan (GMP) EAR- based amendments, but within a hearing cycle lagging the majority of the EAR-based amendments. In addition to this direction, the BCC at the hearing accepted an offer from the Conservancy of Southwest Florida, of up to $90,000 dollars, to provide funding for an outside independent firm to perform review and analysis of the RLSA amendment package. On April 10, 2012 the BCC reviewed and approved an executive summary and attached scope of work (Exhibit"A") to formally accept the contribution from the Conservancy. On April 11, 2012, the County received correspondence from the Conservancy (Exhibit `B") that a contract or a grant agreement was needed to allow for the funds to be transferred. On April 26, 2012 the County provided the Conservancy the draft contract agreement between the two parties, with the attached scope of work from the April 10, 2012 executive summary (Exhibit "C"). On May 2, 2012, the Purchasing Department issued the Public Notice for an Invitation to Bid (ITB) for the requested scope of work. Notices were sent to 963 firms, 59 downloaded the solicitation documents, and 7 firms submitted bids by the required due date. On May 25, 2012 the County received additional language from the Conservancy to include within the Contract (Exhibit"D"). It should be noted that the no conflict clause initiated by the Conservancy is more restrictive than the scope of work attached to the April 10, 2012 executive summary and due to this fact the ITB did not contain the more restrictive no-conflict clause contained in the County's contract with the Conservancy. Because the ITB did not contain the more restrictive no-conflict clause, Staff is suggesting that all bid responses from the original ITB be rejected. Nevertheless, according to the evaluations, the bid responses that the County did received were either unable to fulfill the obligations of the project or would not have met the Conservancy no-conflict requirement. Therefore, the responses would not have been selected had the language been included from the beginning. On June 13, 2012 the County received the signed contract agreement from the Conservancy(Exhibit"E"). Of the seven firms that submitted bids (Exhibit "F), based on the proposal evaluations, one quoted a price above the allocated budget, four could not satisfy the no conflict clause (clause three) of the contract between the County and the Conservancy and the remaining two, based upon the evaluation of staff and echoed by the Conservancy, did not possess the experience (lack of Florida growth management experience) or resources (single person firm) to provide the full range of services requested. It should be noted that of the four submittals that could not satisfy the no conflict clause, two of the firms had existing contracts with the County and the other two Packet Page -115- 10/23/2012 Item 11.B. firms, due to inclusion of the two past Secretaries of the State's Department of Planning (the former Department of Community Affairs and the current Depai tment of Economic Opportunity) within the proposal teams,raised the perception of conflict from the RLSA stakeholders. The EAR-based amendments are scheduled to be adopted by the BCC at the December 11, 2012 Public Hearing and based upon the original direction of the BCC provided at the December 14, 2011 Public Hearing, the RLSA amendments are to be included as part of those EAR-based amendments within a lagging cycle. Due to our inability to identify a firm that meets the strict conditions of the contract between the two parties, the RLSA amendments are a full year behind the EAR-based amendments and no further along the transmittal and adoption process than they were in December of last year. Staff is concerned that a second round of proposals may also not be successful in identifying a firm that would satisfy all clauses of the contract between the County and the Conservancy. It should be noted that the Conservancy has committed to funding of up to $90,000 for the third party consultant, but at this time has provided $80,000.00 to the County. Based upon these circumstances, staff is seeking direction from the Board regarding the third party review firm. The options are: 1. Direct staff to repost the ITB with the conditions of the contract clearly articulated within the posting or; 2. Direct staff to return the $80,000 provided to the County from the Conservancy to fund the retention of the third party firm and direct staff to initiate the RLSA amendment process, without the independent review, to finalize the EAR-based amendments. FISCAL IMPACT: The Planning and Zoning Depaituient has allocated adequate budget to satisfy the cost associated with staffing and advertising the EAR-based amendments within the FY2012-13 budget. The cost associated with either option selected by the BCC will be satisfied by the budgeted allocation or the contributed allocation of funds. GROWTH MANAGEMENT PLAN (GMP) IMPACT: At this time there are no direct GMP impacts associated with this Executive Summary, but the conclusion of the EAR-based amendment process, which includes the RLSA proposed amendments, will modify the GMP. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, is legally sufficient, and requires majority support for approval. (EP) RECOMMENDATIONS: Staff recommends the BCC formally reject all bids submitted in response to solicitation 12-5905 for an outside independent reviewer of the RLSA, Evaluation and Appraisal Report (EAR) amendments, and provide direction to staff to repost the ITB with the conditions of the contract clearly articulated within the posting or; direct staff to return the $80,000 provided to the County from the Conservancy to fund the retention of the third party firm and initiate the RLSA amendment process, without the independent review, to finalize the EAR-based amendments. 2 Packet Page-116- 10/23/2012 Item 11 .B. Attachments: Exhibit"A" April 10, 2012 Executive Summary Exhibit"B" April 11, 2012 Contract request from Conservancy Exhibit"C" April 26, 2012 Draft Contract from County Exhibit"D" May 25, 2012 No-conflict Clause from Conservancy Exhibit"E" June 13, 2012 Signed Contract from Conservancy Exhibit"F" Bid Tabulation Sheet Prepared by: Mike Bosi,AICP, Interim Director, Planning and Zoning Department, Growth Management Division 3 Packet Page-117- 10/23/2012 Item 11 .B. COLLIER COUNTY Board of County Commissioners Item Number: 11.B. Item Summary: Recommendation to reject all bids submitted in response to solicitation 12-5905 "Rural Land Stewardship Program Review". (Mike Bosi, Growth Management Comprehensive Planning Manager) Meeting Date: 10/23/2012 Prepared By Name: BosiMichael Title: Manager-Planning,Comprehensive Planning 7/31/2012 9:53:50 AM Approved By Name: PuigJudy Title: Operations Analyst,GMD P&R Date: 8/8/2012 9:58:56 AM Name: WardKelsey Title: Manager-Contracts Administration,Purchasing&Ge Date: 8/8/2012 4:32:55 PM Name: MarkiewiczJoanne Title: Manager-Purchasing Acquisition,Purchasing&Gene Date: 8/9/2012 9:49:22 AM Name: MarkiewiczJoanne Title: Manager-Purchasing Acquisition,Purchasing&Gene Date: 8/9/2012 9:57:30 AM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 8/16/2012 3:29:27 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 8/20/2012 10:12:42 AM Packet Page -118- 10/23/2012 Item 11 .B. Name: KlatzkowJeff Title: County Attorney Date: 8/20/2012 11:50:26 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 8/28/2012 4:20:36 PM Name: OchsLeo Title: County Manager Date: 10/13/2012 12:05:54 PM Packet Page -119- 10/23/2012 Item 11 .B. Exhibit "A" EXECUTIVE SUMMARY Recommendation to accept the financial contribution from the Conservancy of Southwest Florida of up to $90,000 dollars to allow for a third party firm, not associated with any interest group concerning the Rural Land Stewardship Area (RLSA), to provide for an independent review of the amendment process and complete the associate steps outlined in the scope of services described in Exhibit"A"to this Executive Summary. OBJECTIVE: To have the Board of County Commissioners (BCC) recognize and accept the financial contribution from the Conservancy to fund the retention of a outside firm, as requested within Exhibit"A", and direct the County Manager or designee to issue Request for Proposals to solicit proposals for the described work. CONSIDERATIONS: On December 14, 2011, the BCC directed staff to move the Rural Land Stewardship Area (RLSA) proposed amendments forward as part of the Growth Management Plan (GMP) EAR- based amendments, but within a hearing cycle outside of the majority of the EAR-based amendments. In addition to this direction, the BCC at the hearing accepted an offer from the Conservancy of Southwest Florida, of up to $90,000 dollars, to provide funding for an outside independent firm to perform review and analysis of the RLSA amendment package, as described in Exhibit "A". This Executive Summary is seeking acceptance from the BCC of those funds and direction to staff to initiate the Request for Proposal(RFP)process. FISCAL IMPACT: Land Development Services has allocated revenue to satisfy the cost associated with staffing and advertising the EAR-based amendments within the FY2011-12 budget, but has not allocated revenue for the retention of an outside firm within the EAR-based amendment process. The financial contribution from the Conservancy will provide the revenue necessary to retain such firm. GROWTH MANAGEMENT PLAN (GMP)IMPACT: At this time there are no direct GMP impacts associated with this Executive Summary, but the conclusion of the EAR-based amendment process, which includes the RLSA proposed amendments,will modify the GMP. LEGAL CONSIDERATIONS: This executive summary has been reviewed by the County Attorney's Office. A majority vote is necessary for Board action. (I1F'AC) RECOMMENDATIONS: Staff recommends the BCC accepts the financial contribution from the Conservancy for the retention of an outside firm related to the RLSA amendment process and direct the County Manager or designee to proceed with the RFP. Attachments: Exhibit "A"Scope of Work Prepared by: Mike Bosi,AICP, Comprehensive Planning Manager,Land Development Services Department Packet Page -120- 10/23/2012 Item 11.B. Exhibit A: Background and Scope of Work Background Policy 1.22 of the RLSA Overlay mandated the five year review of the RLSA program by both Collier County and the Florida Department of Community Affairs (DCA). This review was completed through the Committee-prepared"Phase I-Technical Report"which the BCC accepted and transmitted to the DCA in late May, 2008. Following the acceptance of the Technical Report, the study transitioned to Phase II of the RLSA 5-year review. During the second phase, through a series of publicly advertised meetings, the Committee arrived upon potential amendments to the RLSA-Overlay to further facilitate the overall arching goals of the optional program,to balance property rights, environmental interest and agricultural preservation. The Committee presented the Report to the Environmental Advisory Council (EAC) and Collier County Planning Commission (CCPC) separately in public hearings beginning on January 28, 2009 and ending on March 10, 2009. Both the EAC and CCPC submitted individual recommendations to the BCC relative to the Committee-recommended amendments to the RLSA Overlay and the Transportation Element of the GMP. Based upon EAC and CCPC recommendations, in March, 2009, the Committee made several modifications to its January, 2009 report to incorporate most of the EAC and CCPC recommendations. The Committee- proposed amendments to the RLSA Overlay, as presented to the BCC on April 21, 2009 included most of the comments and recommendations advanced to the BCC by the EAC and CCPC. Following a full day of public testimony regarding the "Five-Year Review of the Rural Lands Stewardship Report" the BCC by a vote of 3-2, accepted the "Five-Year Review of the Rural Lands Stewardship Report" in its entirety as a planning document and authorized that it move forward as proposed GMP amendments. Due to a variety of issues, the RLSA five-year review amendments were not processed as a GMP amendment cycle. The Five-Year Review of the Rural Lands and the proposed amendments were identified within the County's EAR as the structural review of the RLSA Overlay of the Future Land Use Element and adopted by the BCC on January 31, 2011, and accepted by the Department of Community affairs (DCA) on April 12, 2011. As noted within the adopted 2011 EAR, The RLSA Five-year Review amendments were to stand as the proposed amendments associated with the County's EAR review, but were to be initiated at the conclusion of a "Habitat Conservation Plan (HCP)" for the RLSA Overlay area. It was anticipated that the outcome of the HCP and the specifics contained within the HCP would have an influence upon the composition and specifics of the RLSA and how development would move forward within the regulatory environment. Subsequently, the County has learned that the HCP process has stalled and that the effort would be delayed for an indefinite period of time. In September of this year, Stantec, the planning firm that assisted in the development of the original RLSA Overlay and a party present to the RLSA 5-year review process, offered to provide the County with the RLSA amendment package, as accepted by the BCC at their April 21, 2009 Public Hearing, complete with the necessary data and analysis, if the County would process the RLSA amendments as part of the overall EAR-based amendment process. Based Packet Page -121- 10/23/2012 Item 11 .B. upon this proposal and the recognition that the Habitat Conservation Plan process had stalled, Collier County staff prepared an executive summary seeking direction from the BCC on the timing of the RLSA Five-year Review amendments. At the December 13,2011 BCC Public Hearing,the BCC directed staff to process the proposed RLSA Five-year review amendments as an independent cycle, separate and lagging in time from the EAR based amendment cycle. Additionally,to accept the proposal for Stantec to package the amendments and the data as directed by the BCC at their April 21, 2009 meeting,but also accepted a contribution from the Conservancy of Southwest Florida of up-to $90,000 to retain an outside independent firm to evaluate the completeness of the amendment package and the required relationship between the data and the proposed amendments Detailed Scope of Work The County's Growth Management—Comprehensive Planning Department is interested in receiving proposals from interested suppliers who would perform the following service tasks between June 1, 2012—March 31,2013: 1. Review the Collier County Five-year Review of the Rural Lands Stewardship program [volume 1] and Five-year Review of the Rural Lands Stewardship program Volume 2 [appendices and support documents]. 2. Review the proposed Rural Lands Stewardship Area Overlay Evaluation and Appraisal Report(EAR)-based Growth Management Plan(GMP) amendment package and data supporting the proposed amendments; 3. Review the existing RLSA regulations and evaluate the maximum credit generation available to the program, compared against the maximum credit generation associated with the proposed amendments to the program; 4. Based upon that review write a detailed report evaluating whether the data provided supports the proposed amendments by drawing individual conclusions on each proposed amendment and the data to support the amendment, along with the consistency of the proposed amendments to those accepted by the BCC at their advertised Public Hearing on April 21,2009; 5. Provide for additional analysis as requested by the various advisory boards or BCC during the public hearing process; 6. Attend the Transmittal Public Hearings for the amendments before the Environmental Advisory Council (EAC), Collier County Planning Commission (CCPC) and the Board of County Commissioners (BCC); and provide a presentation of the findings to the each of the respective bodies. It should be noted that any vendor which performed services for the County initiated Rural Lands Stewardship Area (RLSA) 5-year review are not eligible for selection due to the requirement for an independent review. Packet Page -122- 10/23/2012 Item 11.B. Exhibit "B" From: andrew mcelwaine [andrewm @conservancy.org] Sent: Wednesday, April 11, 2012 4:33 PM Al Ilk To: BosiMichael Cc: CasalanguidaNick;victoria pollock; Bob Heidrick; nicole Johnson Subject: RE: required funds available We need a contract or grant agreement. • From: BosiMichael [mal lto:MichaelBosinacollieroov.net] _._..... . Sent: Wednesday, April 11, 2012 4:31 PM To: andrew mcelwaine Cc: CasalanguidaNick Subject: required funds available Good Afternoon Andrew, I hope all is well. As you are aware the BCC directed staff to accept the $90,000 dollars from your organization to fund the retention of an outside independent firm in relation to the RLSA-5-year review amendments, as outlined in the scope of work created. In discussion with our Purchasing Department, before we can issue a request for solicitations,the funds must be available. The request for solicitations will ask for firms to bid not to exceed $90,000, with the understanding that all unspent money at the end of the process will be redistributed to the Conservancy. A check payable to the Board of County Commissioners can be processed as soon as funds are received, from which I can start the process of issuing a Request for information. Please give me a call if you would like to discuss further or arrange a time to meet to receive the check. Thanks and have a great day, mikek Mike Bosi,AICP Comprehensive Planning Manager Growth Management Division Land Development Services Department 239-252-6819 - Office 239-204-0739 - Cell 239-252-6674-Fax Collier County: Comprehensive Planning Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mall to this entity.Instead,contact this office by telephone or in writing. Please consider the environment before printing this e-mail. file://F:\Management\rlsa and the ear\consc.Pac Packet Page i123vn\11-13-12\need a contract.... 10/11/2012 Exhibit "C" 10/23/2012 Item 11 .B. From: BosiMichael Sent: Thursday, April 26, 2012 2:54 PM To: 'andrew mcelwaine' Cc: CasalanguidaNick; 'victoria pollock'; 'Bob Heidrick'; 'nicole johnson';AshtonHeidi Subject: RE: required funds available Attachments: DRAFT Agreement-conservancy-4-25-12.pdf Andrew, Per your request, the County Attorney's Office has prepared the attached draft contract to memorialise the Conservancy's contribution. Please review as soon as possible and return your comments to me so we can initiate the procurement process and the subsequent public hearings. Thank you for your time and effort on this matter, mike Mike Bosi,AICP Comprehensive Planning Manager Growth Management Division Land Development Services Department 239-252-6819 - Office 239-204-0739 - Cell 239-252-6674-Fax Collier County: Comprehensive Planning Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead.contact this office by telephone or in writing. From: andrew mcelwaine rmailto:andrewm©conservancv.orgl Sent: Wednesday, April 11, 2012 4:33 PM To: BosiMichael Cc: CasalanguidaNick; victoria pollock; Bob Heidrick; nicole johnson Subject: RE: required funds available We need a contract or grant agreement. From: BosiMichael [mailto:MichaelBosi©collieroov.net] Sent: Wednesday, April 11, 2012 4:31 PM To: andrew mcelwaine Cc: CasalanguidaNick Subject: required funds available Good Afternoon Andrew, I hope all is well. As you are aware the BCC directed staff to accept the $90,000 dollars from your organization to fund the retention of an outside independent firm in relation to the RLSA-5-year review amendments, as outlined in the scope of work created. In discussion with our Purchasing Department, before we can issue a request for solicitations,the funds must be available. The request for solicitations will ask for firms to bid not to exceed $90,000, with the understanding that all unspent money at the end of the process will be redistributed to the Conservancy. A check payable to the Board of County Commissioners can be processed as soon as funds are received, from which I can start the process of issuing a Request for Information. Please give file://F:\Mana ement\rlsa and the ear\consePacket Page-124_n\contract issues\RE require... 10/11/2012 10/23/2012 Item 11.B. me a call if you would like to discuss further or arrange a time to meet to receive the check. Thanks and have a great day, mike Mike Bosi,AICP Comprehensive Planning Manager Growth Management Division Land Development Services Department 239-252-6819 - Office 239-204-0739-Cell 239-252-6674-Fax Collier County: Comprehensive Planning Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. Please consider the environment before printing this e-mail. file://F:\Management\rlsa and the ear\cons�,Packet Page i125vn\contract issues\RE require... 10/11/2012 10/23/2012 Item 11 .B. AGREEMENT This Agreement is made and entered into as of April 10, 2012, by and between Conservancy of Southwest Florida, Inc., a Florida Non-Profit Corporation ("Conservancy"), and Collier County, a political subdivision of the State of Florida("County"). WHEREAS, on December 14, 2011, the Conservancy offered to provide funding to the County for an outside independent firm to perform review and analysis of the Rural Land Stewardship Area ("RLSA") proposed amendment package, as described in the attached Exhibit A; and WHEREAS, at its meeting on April 10, 2012 under agenda item 11C, the Collier County Board of County Commissioners unanimously voted to formally accept the donation from the Conservancy of up to $90,000 for the purposes stated herein. NOW THEREFORE, IN CONSIDERATION of the mutual promises in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, it is agreed as follows: 1. Conservancy shall deliver to County a check or electronic funds transfer in the amount of $90,000, made payable to Board of County Commissioners, for the purposes stated herein. 2. Upon receipt of said funds, County shall implement and complete the project as described in Exhibit A,Background and Scope of Work, attached hereto and made a part hereof. 3. Immediately upon completion of the project, any donated funds which remain unspent shall be returned to Conservancy. 4. This Agreement is subject to Chapter 119, Fla. Stat., the Florida Public Records Act and Chapter 286, Fla. Stat., the Florida Sunshine Law, and is governed by all applicable laws of the State of Florida and Collier County, Florida. 5. No further modifications of this Agreement are contemplated by the parties. No modification of this Agreement shall be valid unless in writing and lawfully executed by the parties. iI 1 Packet Page -126- • ' 10/23/2012 Item 11.B. ' 'gw IN WITNESS WHEREOF, the undersigned have executed and delivered this Agreement effective as of the date first above written. COLLIER COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: ,Deputy Clerk FRED W. COYLE, CHAIRMAN CONSERVANCY OF SOUTHWEST FLORIDA, INC.: By: Attest: Andrew McElwaine, President Corporate Secretary Approved as to form and legal sufficiency: DRAFT By: Jeffrey A. Klatzkow County Attorney 12 CMP-00824/2 2 Packet Page-127- • 10/23/2012 Item 11 .B. ,, ,; Exhibit A: Background.and Scope of Work i ii ii Background Policy 1.22 of the RLSA Overlay mandated the five year review of the RLSA program by both Collier County and the Florida Department of Community Affairs (DCA). This review was completed through the Committee-prepared"Phase 1-Technical Report"which the BCC accepted . l and transmitted to the DCA in late May, 2008. Following the acceptance of the Technical Report, the study transitioned to Phase II of the RLSA 5-year review. During the second phase, 1 through a series of publicly advertised meetings, the Committee arrived upon potential amendments to the RLSA-Overlay to further facilitate the overall arching goals of the optional program,to balance property rights, environmental interest and agricultural preservation. 4 The Committee presented the Report to the Environmental Advisory Council (EAC) and Collier County Planning Commission (CCPC) separately in public hearings beginning on January 28, 1, 2009 and ending on March 10, 2009. Both the EAC and CCPC submitted individual recommendations to the BCC relative to the Committee-recommended amendments to the RLSA i Overlay and the Transportation Element of the GMP. Based upon EAC and CCPC recommendations, in March, 2009, the Committee made several modifications to its January, 2009 report to incorporate most of the EAC and CCPC recommendations. The Committee- ri proposed amendments to the RLSA Overlay, as presented to the BCC on April 21,2009 included most of the comments and recommendations advanced to the BCC by the EAC and CCPC. Following a full day of public testimony regarding the "Five-Year Review of the Rural Lands Stewardship Report" the BCC by a vote of 3-2, accepted the "Five-Year Review of the Rural i Lands Stewardship Report" in its entirety as a planning document and authorized that it move 1 forward as proposed GMP amendments. Due to a variety of issues, the RLSA five-year review amendments were not processed as a GMP amendment cycle. The Five-Year Review of the Rural Lands and the proposed amendments were identified within the County's EAR as the structural review of the RLSA Overlay of the Future Land Use Element and adopted by the BCC on January 31, 2011, and accepted by the Department of Community affairs (DCA) on April 12, 2011. 1 As noted within the adopted 2011 EAR, The RLSA Five-year Review amendments were to stand i as the proposed amendments associated with the County's EAR review, but were to be initiated 1 at the conclusion of a "Habitat Conservation Plan (HCP)" for the RLSA Overlay area. It was anticipated that the outcome of the HCP and the specifics contained within the HCP would have Ian influence upon the composition and specifics of the RLSA and how development would move i forward within the regulatory environment. Subsequently,the County has learned that the 11CP ' process has stalled and that the effort would be delayed for an indefinite period of time. In September of this year, Stantec, the planning firm that assisted in the development of the ! original RLSA Overlay and a party present to the RLSA 5-year review process, offered to k i provide the County with the RLSA amendment package, as accepted by the BCC at their April 21, 2009 Public Hearing, complete with the necessary data and analysis, if the County would k ' process the RLSA amendments as part of the overall EAR-based amendment process. Based 1 1 • Packet Page-128- i 10/23/2012 Item 11.B. . upon this proposal and the recognition that the Habitat Conservation Plan process had stalled, Collier County staff prepared an executive summary seeking direction from the BCC on the timing of the RLSA Five-year Review amendments. At the December 13,2011 BCC Public Hearing, the BCC directed staff to process the proposed RLSA Five-year review amendments as an independent cycle, separate and lagging in time from the EAR based amendment cycle. Additionally, to accept the proposal for Stantec to package the amendments and the data as directed by the BCC at their April 21, 2009 meeting, but also accepted a contribution from the Conservancy of Southwest Florida of up-to$90,000 to retain an outside independent firm to evaluate the completeness of the amendment package and the required relationship between the data and the proposed _. amendments ____ Detailed Scope of Work — The County's Growth Management—Comprehensive Planning Department is interested in receiving proposals from interested suppliers who would perform the following service tasks between June 1, 2012—March 31, 2013: 1. Review the Collier County Five-year Review of the Rural Lands Stewardship program [volume 1] and Five-year Review of the Rural Lands Stewardship program Volume 22 [appendices and support documents]. 2. Review the proposed Rural Lands Stewardship Area Overlay Evaluation and Appraisal Report(EAR)-based Growth Management Plan(GMP)amendment package and data supporting the proposed amendments; 3. Review the existing RLSA regulations and evaluate the maximum credit generation available to the program, compared against the maximum credit generation associated with the proposed amendments to the program; 4. Based upon that review write a detailed report evaluating whether the data provided supports the proposed amendments by drawing individual conclusions on each proposed amendment and the data to support the amendment, along with the consistency of the proposed amendments to those accepted by the BCC at their advertised Public Hearing on April 21, 2009; 5. Provide for additional analysis as requested by the various advisory boards or BCC during the public hearing process; 6. Attend the Transmittal Public Hearings for the amendments before the Environmental Advisory Council (EAC), Collier County Planning Commission(CCPC)and the Board of County Commissioners(BCC); and provide a presentation of the findings to the each of the respective bodies. It should be noted that any vendor which performed services for the County initiated Rural Lands Stewardshi, Area RLSA 5- ear review are not eli'ible for selection due to the requirement for an independent review. Packet Page -129- 10/23/2012 Item 11.B. Exhibit "D" From: andrew mcelwaine [andrewm @conservancy.org] Sent: Friday, May 25, 2012 5:36 PM To: BosiMichael Subject: RE: required funds available Attachments: 3-Agreement.docx 5-25-12.docx Mike— in addition to the items you sent me Dick Grant, our attorney, has added item 3, attached. In addition we would like the County to hold the funds in escrow until a consultant has been hired that meets the criteria of the agreement. Happy holiday, AMcE _ From: BosiMichael [MichaelBosi @colliergov.net] Sent:Thursday, May 10, 2012 2:02 PM To: andrew mcelwaine Cc: CasalanguidaNick Subject: RE: required funds available I n ( you have any feedback on the proposed contract for the funding of the outside consultant for the RLSA- .Andre«-,Do�of - p l RLSA- amendments? Thanks. mike From: BosiMichael Sent: Thursday, April 26, 2012 2:54 PM To: 'andrew mcelwaine' Cc: CasalanguidaNick; 'victoria pollock'; 'Bob Heidrick'; 'nicole johnson'; AshtonHeidi Subject: RE: required funds available Andrew, Per your request, the County Attorney's Office has prepared the attached draft contract to memorialize the Conservancy's contribution. Please review as soon as possible and return your comments to me so we can initiate the procurement process and the subsequent public hearings. Thank you for your time and effort on this matter, mike Mike Bosi,AICP Comprehensive Planning Manager Growth Management Division Land Development Services Department 239-252-6819 - Office 239-204-0739 - Cell 239-252-6674- Fax Collier County: Comprehensive Planning Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not Packet Page -130- file://F:\Management\rlsa and the ear\conservancy contribution\11-13-12\no contract addi... 10/11/2012 10/23/2012 Item 11.B. send electronic mail to this entity.Instead,contact this office by telephone or in writing. From: andrew mcelwame[mailto:andrewm @conservancy.orq] Sent: Wednesday, April 11, 2012 4:33 PM To: BosiMichael Cc: CasalanguidaNick; victoria pollock; Bob Heidrick; nicole johnson Subject: RE: required funds available We need a contract or grant agreement. From: BosiMichael [mailto:MichaelBosi @collieraov.net] Sent: Wednesday, April 11, 2012 4:31 PM To: andrew mcelwaine Cc: CasalanguidaNick Subject: required funds available Good Afternoon Andrew, I hope all is well. As you are aware the BCC directed staff to accept the $90,000 dollars from your organization to fund the retention of an outside independent firm in relation to the RLSA-5-year review amendments, as outlined in the scope of work created. In discussion with our Purchasing Department, before we can issue a request for solicitations, the funds must be available. The request for solicitations will ask for firms to bid not to exceed $90,000, with the understanding that all unspent money at the end of the process will be redistributed to the Conservancy. A check payable to the Board of County Commissioners can be processed as soon as funds are received, from which I can start the process of issuing a Request for Information. Please give me a call if you would like to discuss further or arrange a time to meet to receive the check. Thanks and have a great day, mike Mike Bosi,AICP Comprehensive Planning Manager Growth Management Division Land Development Services Department 239-252-6819 - Office 239-204-0739 - Cell 239-252-6674-Fax Collier County: Comprehensive Planning Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. Please consider the environment before printing this e-mail. Please consider the environment before printing this e-mail. • Packet Page -131- file://F:\Management\rlsa and the ear\conservancy contribution\11-13-12\no contract addi... 10/11/2012 10/23/2012 Item 11 .B. 3. In addition to all conditions set forth in Exhibit A, the outside independent firm that is engaged by the County must not be: (a) a firm that is presently engaged to provide services to: (i) the County; (ii) any owner or contract buyer of land within the Rural Lands Stewardship Area; or (iii) an affiliate, subsidiary, or parent entity of any land owner or contract buyer described in item (ii); (iv) a firm that is currently under contract to, or is the affiliate or parent company a firm under contract to, the stakeholders in the RLSA, or (b) a firm that over the five year period of time preceding its engagement has derived more than ten percent (10%) of its gross revenues from services provided to any one of the parties identified in item (a). r:\data\wd real\conservanc3\general-2012\#3-agreement.docx Packet Page-132- Exhibit "E" 10/23/2012 Item 11 .B. BosiMichael From: nicole Johnson[nicolej @conservancy.org] Sent: Wednesday, June 13, 2012 4:08 PM To: BosiMichael; KlatzkowJeff Cc: andrew mcelwaine Subject: Conservancy Agreement Attachments: Agreement- RLSA-Funding Agreement Signed -6-13-12.pdf Hi Mike, Attached is the Conservancy agreement with the necessary signatures from our side. Please let me know if there is anything additional that we need to do on this. Thanks, Nicole NicoCe Johnson. Director of Governrr2entaCReCatioi' Conservancy of Southwest FCorida 1450 .TMerrihue Drive, Naples FL 34102 239-403-4220 14/14114"-conservancy.org Please consider the environment before printing this e-mail. ,tea,, 1 Packet Page-133- 10/23/2012 Item 11.B. • Exhibit A: Background and Scope of Work Background Policy 1.22 of the RLSA Overlay mandated the five year review of the'RLSA program by both Collier County and the Florida Department of Community Affairs (DCA). This review was completed through the Committee-prepared"Phase C-Technical Report"which the BCC accepted and transmitted to the DCA in late May, 2008. Following the acceptance of the Technical Report,the study transitioned to Phase II of the RLSA 5-year review. During the second phase, through a series of publicly advertised meetings, the Committee arrived upon potential amendments to the RLSA-Overlay to further facilitate the overall arching goals of the optional program,to balance property rights,environmental interest and agricultural preservation. The Committee presented the Report to the Environmental Advisory Council (EAC) and Collier County Planning Commission (CCPC) separately in public hearings beginning on January 28, 2009 and ending on March 10, 2009. Both the EAC and CCPC submitted individual recommendations to the BCC relative to the Committee-recommended amendments to the RLSA Overlay and the Transportation Element of the GMP. Based upon EAC and CCPC recommendations, in March, 2009, the Committee made several modifications to its January, 2009 report to incorporate most of the EAC and CCPC recommendations. The Committee- proposed amendments to the RLSA Overlay,as presented to the BCC on April 2I, 2009 included most of the comments and recommendations advanced to the BCC by the EAC and CCPC. Following a full day of public testimony regarding the "Five-Year Review of the Rural Lands Stewardship Report" the BCC by a vote of 3-2, accepted the "Five-Year Review of the Rural Lands Stewardship Report" in its entirety as a planning document and authorized that it move forward as proposed GMP amendments. Due to a variety of issues, the RLSA five-year review amendments were not processed as a GMP amendment cycle. The Five-Year Review of the Rural Lands and the proposed amendments were identified within the County's EAR as the structural review of the RLSA Overlay of the Future Land Use Element and adopted by the BCC on January 31, 2011, and accepted by the Department of Community affairs (DCA)on April 12, 2011. As noted within the adopted 2011 EAR,The RLSA Five-year Review amendments were to stand as the proposed amendments associated with the County's EAR review, but were to be initiated at the conclusion of a"Habitat Conservation Plan (HCP)" for the RLSA Overlay area. It was anticipated that the outcome of the HCP and the specifics contained within the HCP would have an influence upon the composition and specifics of the RLSA and how development would move forward within the regulatory environment. Subsequently,the County has learned that the IICP process has stalled and that the effort would be delayed for an indefinite period of time. In September of this year, Stantec, the planning firm that assisted in the development of the original RLSA Overlay and a party present to the RLSA 5-year review process, offered to provide the County with the RLSA amendment package, as accepted by the BCC at their April 21, 2009 Public Hearing, complete with the necessary data and analysis, if the County would process the RLSA amendments as part of the overall EAR-based amendment process. Based Packet Page -134- 10/23/2012 Item 11 .B. Amok upon this proposal and the recognition that the Habitat Conservation Plan process had stalled, Collier County staff prepared an executive summary seeking direction from the BCC on the timing of the RLSA Five-year Review amendments. At the December 13,2011 BCC Public Hearing,the BCC directed staff to process the proposed RLSA Five-year review amendments as an independent cycle,separate and lagging in time from the EAR based amendment cycle, Additionally,to accept the proposal for Stantec to package the amendments and the data as directed by the BCC at their April 21, 2009 meeting,but also accepted a contribution from the Conservancy of Southwest Florida of up-to$90,000 to retain an outside independent firm to evaluate the completeness of the amendment package and the required relationship between the data and the proposed amendments __ Detailed Scope of Work The County's Growth Management—Comprehensive Planning Department is interested in receiving proposals from interested suppliers who would perform the following service tasks between June 1,2012—March 31, 2013: I. Review the Collier County Five-year Review of the Rural Lands Stewardship program [volume 1) and Five-year Review of the Rural Lands Stewardship program Volume 2 (appendices and support documents). 2. Review the proposed Rural Lands Stewardship Area Overlay Evaluation and Appraisal Report(EAR)-based Growth Management Plan(GMP)amendment package and data supporting the proposed amendments; 3. Review the existing RLSA regulations and evaluate the maximum credit generation available to the program,compared against the maximum credit generation associated with the proposed amendments to the program; 4- Based upon that review write a detailed report evaluating whether the data provided supports the proposed amendments by drawing individual conclusions on each proposed amendment and the data to support the amendment,along with the consistency of the proposed amendments to those accepted by the BCC at their advertised Public Hearing on April 21,2009; 5. Provide for additional analysis as requested by the various advisory boards or BCC during the public hearing process; 6. Attend the Transmittal Public Hearings for the amendments before the Environmental Advisory Council (EAC),Collier County Planning Commission(CCPC)and the Board of County Commissioners(BCC);and provide a presentation of the findings to the each of the respective bodies. It should be noted that an vendor which .erformed services for the County initiated Rural Lands Stewardshi• Area RLSA 5-year review are not eli''hie for selection due to the requirement for an independent review. Aft, Packet Page-135- ., . 10/23/2012 Item 11 .B. AGREEMENT This Agreement is made and entered into as of April 10, 2012, by and between Conservancy of Southwest Florida, Inc., a Florida Non-Profit Corporation("Conservancy"), and Collier County, a political subdivision of the State of Florida("County"). • WHEREAS, on December 14, 2011, the Conservancy offered to provide funding to the • County for an outside independent firm to perform review and analysis of the Rural Land Stewardship Area("RLSA")proposed amendment package, as described in the attached Exhibit A; and WHEREAS, at its meeting on April 10,2012 under agenda item 11C, the Collier County Board of County Commissioners unanimously voted to formally accept the donation from the Conservancy of up to$90,000 for the purposes stated herein. NOW THEREFORE, IN CONSIDERATION of the mutual promises in this Agreement, and.for 'other good anddvaluable consideration, the receipt and sufficiency of which are acknowledged by the parties,it is agreed as follows: 1. Conservancy shall deliver to County a check or electronic funds transfer in the amount of$90,000, made payable to Board of County Commissioners, for the purposes stated herein. 2. Upon receipt of said funds, County shall implement and complete the project as described in Exhibit A,Background and Scope of Work,attached hereto and made a part hereof. 3. In addition to all conditions set forth in Exhibit A, the outside independent firm that is engaged by the County must not be: (a) a firm that is presently engaged to provide services to: (i) the County; (ii) any owner or contract buyer of land within the Rural Lands Stewardship Area; or (iii) an affiliate, subsidiary, or parent entity of any land owner or contract buyer described in item (ii); (iv) a firm that is currently under contract to, or is the affiliate or parent company of a firm under contract to, the stakeholders in the RLSA, or (b) a firm that over the five year period of time preceding its engagement has derived more than ten percent (10%) of its gross revenues from services provided to any one of the parties identified in item (a). 4. Immediately upon completion of the project, any donated funds which remain unspent shall be returned to Conservancy. 5. This Agreement is subject to Chapter 119, Fla. Stat., the Florida Public Records Act and Chapter 286, Fla. Stat., the Florida Sunshine Law, and is governed by all applicable laws of the State of Florida and Collier County, Florida. 6. No further modifications of this Agreement are contemplated by the parties. No modification of this Agreement shall be valid unless in writing and lawfully executed by the parties. 1 of 2 Packet Page-136- 10/23/2012 Item 11.B. IN WITNESS WHEREOF, the undersigned have executed and delivered this Agreement effective as of the date first above written. COLLIER COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk FRED W. COYLE, Chairman CONSERV CY OF SOUTHWEST FLORIDA,INC.: IF By: 717 �7 Attest: ��! t.:, • , \co1./tebi.-_.. Andrew McElwaine, President . - Secretary • • Approved as to form and legal sufficiency: By: Jeffrey A. Klatzkow County Attorney 12-CMP-00324/2 • • 2 oft Packet Page -137- 10/23/2012 Item 11.B. Exhibit "F" to m n IL, =_J O 0 0 0 CI) .. 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