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Backup Documents 04/10/2012 Item #11CORIGINAL DOCUMENTS CHECKL TO ACCOMPANY ALL ORIGINAL D( & ROUTING SLIP SENT TO THE BOARD OF COUNTY COMMISSIONER$ OFFICE FOR SIGNATURE 11C (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through 94 as appropriate for additional signatures dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Phone Initials Date 1. Heidi Ashton -Cicko County Attorney's Office \. Applicable) 2. 4 -10 -12 Agenda Item Number 11C 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Contract, executive summary, BCC minutes Nurnber of Original 1 5. Ian Mitchell, Executive Manager Board of County Conitsioners Documents Attached 2/ I rz PRIMARY CONTACT INFO ATION (The primary contact is the holder of the original document pending BCC approval. Normally th primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, includng Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered t ( the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Mike Bosi Phone Number 252 -6819 Contact a ro riate. (Initial) Applicable) Agenda Date Item was 4 -10 -12 Agenda Item Number 11C Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Contract, executive summary, BCC minutes Nurnber of Original 1 Attached resolutions, etc. signed by the County Attorney's Office and signature pages Documents Attached INSTRUCTIONS & CHECKLIST I: Forms / County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not a ro riate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be yes signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the C ounty Attorney's na Office and all other parties except the BCC Chairman and the Clerk tot the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the na document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's yes signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlin s! I: Forms / County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04 11C MEMORANDUM Date: June 22, 2012 To: Mike Bosi, Manager Comprehensive Planning Department From: Teresa Cannon, Deputy Clerk Board Minutes & Records Department Re: Agreement with Conservancy of Southwest Florida, Inc. Attached for your records is a copy of thedocument referenced above, (Item #IIC) adopted by the Board of County Commissioners on April 10, 2012. The Minutes and Record's Department will hold the original document in the Board's Official Records. Thank you. Attachment 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 I IC, 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, andi.�for ether good ank tatu#e 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 fiends, 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. t 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 C IN WITNESS WHEREOF, the undersigned have executed and delivered this Agreement effective as of the date first above written. COLLIER COUNTY: ATTEST:,, OF COUNTY COMMISSIONERS DWIGrII1ttROCK, CLERK COLLIER COUNTY, FLORIDA B co By: AttB 1 _ep ty Clerk FRED W. COYLE, Chairm CON §P.kV CY OF SOUTHWEST FLORIDA, INC.: By: Attest: Andrew McElwaine, President Approved as to form and legal sufficiency: By :J �, J frey atzkow County Attorney 12 -CMP- 00824/2 2 of 2 XU4.4 Secretary Item # Agenda Vw)( Data C ate %" Exhibit A: Background and Scope of Work Background 11C 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 It 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 Fivc -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 I ICP 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 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 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 PIan (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 Coun initiated Rural Lands Stewardship Area (RLSA) 5 -year review are not eligible for selection due to the requirement for an independent review.