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TDC Agenda 04/22/2013 Tourist Development Council Agenda April 22 , 2013 MEETING AGENDA & NOTICE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL Collier County Government Center, Administration Bldg. F, 3rd Floor 3299 East Tamiami Trail, Naples, Florida 34112 APRIL 22, 2013 9:00 am Collier County Commission Chambers * Requires TDC Action 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. * Changes and Approval of Agenda 5. * Approval of TDC Minutes a. * Regular Meeting 3/25/13 6. Presentations / Public Comment - (3 minutes each) 7. New Business a. * Doctor's Pass Maintenance Dredging Work Order b. * Collier County Beaches Volume Design Peer Review c. * FY 14 Category "A" Fund 183 Grant Applications d. * Reschedule May TDC Meeting e. * Bid No. 13-6023 - Construction Contract for Tigertail Beach Restroom Facility 8. Old Business a. Ownership of Clam Pass Facilities - Information Only 9. Marketing Partner Reports a. Research Data Services b. Paradise Advertising c. Lou Hammond & Associates - PR Services d. Tax Collections e. Miles Media - Website Activity f. Sales & Marketing Technologies - Search Engine Optimization g. Phase V - Fulfillment Services 10. Tourism Staff Reports a. Director - Jack Wert b. Sales & Marketing - Debi De Benedetto c. Public Relations & Communications - Jo Nell Modys d. Film Office - Maggie McCarty e. Sports Marketing - Chris O'Brien f. International Representatives - Jack Wert g. Visitor Centers - Nancy Kerns 11. Detailed Staff Reports 12. Council Member Discussion 13. Next Scheduled Meeting Date/Location - TBD - 9:00 a.m. Collier County Government Center, Administration Bldg. F, 3rd Floor, 3299 East Tamiami Trail, Naples, Florida 34112 14. Adjournment All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. For more information, please contact Jack Wert at (239) 252-2402. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380. Public comments will be limited to 3 minutes unless the Chairman grants permission for additional time. Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. March 25, 2013 MINUTES OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL MEETING Naples, Florida, March 25, 2013 LET IT BE REMEMBERED the Collier County Tourist Development Council in,,and for the County of Collier, having conducted business herein, met on this date at 9:OOAM in a REGULAR SESSION in Building "F" of the Gov- I . ' t Complex, Naples, Florida with the Following members present: J / Chairman: 1V gray H. Hendel Vice Chairman:. Rick Medwedeff 1,y, `Commissioner Henning % % Susan Becker Clark Hill (Excused) Robert Miller Ed (Ski) Olesky John Sorey, III (Excused) Larry Sacher n% 9�1 AI'SO PRESENT: Jack Wert, Tourism Director Gary McAlpin, Coastal Zone Management Director Colleen Greene, Assistant County Attorney Kelly Green, Tourist Tax Coordinator 1 March 25, 2013 Any persons in need of the verbatim record of the meeting may request a copy of the video recording from the Collier County Communications and Customer Relations Department or view online. 1. Call to Order—Chairman Hendel Chairman Hendel called the meeting to order at 9:00 A.M. 2. Pledge of Allegiance Pledge of Allegiance was recited. % 3. Roll Call A quorum was established. 4. Changes and Approval of Agenda Ms. Becker moved to approve the Agenda. Second by Mn Miller. Catiled unanimously 7- 0. r 5. Approval of TDC Minutes a. Regular Meeting 2/25/13 Mn Olesky moved to approve the minutes of the Februa' X2013 meeting as presented. Second by Ms. Becker. Carried unanimously 7—0. i 6. Presentations /Public Comment- (3 minutes each) • None 7. New Business FY 13 TDC Quarterly Financial ReveeN Jack Wert presented the Execu ive Summary "Tourist Development Tax Financial Review" dated March 25, 2013 for infer .' purposes. b. Paradise Advertis'- ,press Billing Jack Wert prese the Executive Summary "Recommend approval of Change Order #4 to Contract #10-5541 q Paradise Advertising and Marketing, Inc. in the amount of$100,000 in addition media andproduction billing at gross in accordance with their agreement with Collier Cc�'ly` dated March 25, 2013 for consideration. �y�y Mn Medwedeff moved to recommend the Board of County Commissioners approve Change Ord #4.to Contract#10-5541 with Paradise Advertising and Marketing, Inc. in the amount of$ttq„000 in additional media and production billing at gross in accordance with their agreement with Collier County. Second by Mn Olesky. Carried unanimously 7—0. c. Proposed TDT Funding Reallocation Jack Wert presented the Executive Summary "Recommendation to approve the proposed amendments to the Tourist Development Tax (TDT) Ordinance to increase destination marketing efforts and the annual accumulation of reserves for beach renourishment, authorize advertisement of the proposed amendments for public hearing, and approve the proposed 2 March 25, 2013 resolution amending the TDT Category "A"Funding Policy" dated March 25, 2013 for consideration. Chairman Hendel moved to recommend the Board of County Commissioners approve the proposed amendments to the Tourist Development Tax (TDT) Ordinance to increase destination marketing efforts and the annual accumulation of reserves for beach renourishment, authorize advertisement of the proposed amendments for public hea ipg, and approve the proposed resolution amending the TDT Category "A"Funding Policy Second by Mr. Medwedeff. Carried unanimously 7— 0. d. Tourism Week Proclamation Jack Wert presented the Executive Summary "Recommendation to Approve Proclamation for National Tourism Week" dated March 25, 2013 for consideration. Ms. Becker moved to recommend the Board of County Commissioners approve the proposed Proclamation for National Tourism Week. Second by Mr Me#444eff. Carried unanimously 7— e. Marco Beach Laser Grading—Eastman Aggregate Gary McAlpin presented the Executive Summary "Recommendation to approve a time and material estimated amount of$85,700 for Marco,Island LLaser Grading and Beach Tilling with Eastman Aggregate Enterprises, LLC as per Contract#12-5936R and make a finding that this item promotes tourism" dated March 25, 2013 for f6t'sctihOideration. Mr. Olesky moved to recommend the x rd of County Commissioners approve a time and material estimated amount of$85,70VokMarco Island Laser Grading and Beach Tilling with Eastman Aggregate Enter rises,,3LLC as per Contract#12-5936R and hereby finds the item promotes tourism. Seco*hxfis. Becker. Carried unanimously 7—0. f. Beach Maintenance ,fit ti —Eastman Aggregate (this item was heard before Item #7.e) Gary McAlpin presented Executive Summary "Recommendation to approve award of Invitation To Bid(ITB) No. 12-5936R Beach Maintenance Activities to Eastman Aggregate Enterprises L for ail as-needed contract for emergency beach maintenance services, authorize the oman to sign the County Attorney approved contract, and make a finding that this activity promotes Tourism" dated March 25, 2013 for consideration. Mr. Meshy moved to recommend the Board of County Commissioners approve award of !xyitation To Bid(ITB)No 12-5936R Beach Maintenance Activities to Eastman Aggregate Ent rprises, LLC for an as-needed contract for emergency beach maintenance services and eby finds the item promotes tourism. Second by Mr. Sacher. . arried unanimously 7—0. g. Clam Pass Drawbridge Repairs Gary McAlpin presented the Executive Summary "Request that the Tourist Development Council recommend approval of the required repairs to the Clam Pass drawbridge at an 3 March 25, 2013 expenditure up to $115,000 and make a finding that this expenditure promotes tourism" dated March 25, 2013 for consideration. Hank Jones, Facilities Management Construction Manager reported the work consists of installing steel reinforced fiberglass jackets around the existing pilings to extend their useful life. The bridge is currently closed restricting access to the beach by the general public and tourists. Council discussion occurred whether any other parties are responsible to participate in of the structure(area hotels, etc.). ,, Colleen Greene,Assistant County Attorney reported she will review any necessary documents to determine the responsibilities for maintenance. t"• Commissioner Henning moved to recommend the Board of County Ctmissioners approve the required repairs to the Clam Pass drawbridge at expenditure, ,x°15,000 and hereby finds the item promotes tourism. Second by Ms. Becker. Carrier ' ahimously 7—0. 8. Old Business a. Clam Pass Dredging Update -Neil Dorrill Neil Dorrill, Executive Director, Pelican Bay Foundaon submitted the report "2013 Clam Pass Maintenance Dredging Project Weekly Progress R J"ort—March 18th thru March 24th 2013" for information purposes. He reported responsibility for maintenance of the Estuary is now under the Pelican Bay Foundation. Clam Pass was recently closed by the accretion of sand from recent storm events and the Pa 'ty�wa43:dredged under the auspices of a US Army Corps of Engineers Nationwide PerwitM2eVelopment of a Management Plan is underway where the intent is to obtain a"10 yei ,ermit" for dredging activities. 4g Colleen Greene reported she will research the activity to determine if Tourist Tax Revenue may be used to fund the pra eet,,. b. Tax Collector Enrcoment'C fo pdate Rob Stoneburner, Collier County Deputy Tax Collector provided an overview of the County's effoqs to collect Tourist Taxes from residential units that provide short term rentals. The efforts incrude public education, assistance from area real estate organizations and implementatii of amnesty programs. Break 9:54,4.m., Reconvened '% 0:05 a.m. 9. Marketing Partner Reports Jack Wert presented the PowerPoint document"Marketing Partner Reports—March 25, 2013" including the following reports was presented by Staff and Consultants: a. Research Data Services (Heard before Item #9.a)—Dr. Walter Klages "Collier County Tourism Research, March 25, 2013 —Research Data Services, Inc. " 4 March 25, 2013 Commissioner Henning left the meeting at 10:15 a.m. b. Paradise Advertising—Suzanne Lennon "Advertising Report Paradise Advertising and Marketing, Inc. — TDC, March 25, 2013" c. Lou Hammond & Associates—PR Services—Jack Wert "Public Relations Report—National Public Relations Update — TDC Meeting March 2.5 2013. " d. Tax Collections—Jack Wert "Tourist Tax Collections—Collier County Tax Collector—March 25, 2013. " e. Miles Media - Website Activity—Jack Wert "Website—Miles Media Group" • f. Sales & Marketing Technologies - Search Engine Optimizat n-Jack Wert "Search Engine Services—Sales and Marketing Technologies nc. •g. Phase V- Fulfillment Services—Jack Wert "Fulfillment Services—Phase IV" 10. Tourism Staff Reports /F" j The following reports were provided by Staff: a. Director—Jack Wert �e b. Sales & Marketing—Jack Wert \\- c. Public Relations & Communications=Jack Wert d. Film Office—Jack Wert A t e. Sports Council—Chris Q'.,B f. International Repre ntatives—Jack Wert g. Visitor Centers--Jac Wert f,. 11. Detailed StaffRgports Submitted 4 ` 12. Council MeeDiscussion 13 Neit Scheduled Meeting Date/Location—April 25, 2013—9:00 a.m. olheir County Government Center, Administration Bldg. F,3rd Floor, 3199 East Tamiami Trail,Naples, Florida 34112 5 Marc 25, 2013 There being nofurther butanes Art e go od of the County, t the meeting was adjourned by order of the chair at 11:10 A.M. COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL 7 Chairman, Murray He del These minutes app ov d byte Board/Committee on as presented or as amended . / ./ ~ y > . ' A a, • \ � ~ v6 / \ 6: ~ v % � 6 6 April 22, 2013 New Business 7-a 1 of 46 EXECUTIVE SUMMARY Recommendation to approve Work Order with Humiston & Moore Engineering for Doctors Pass Maintenance Dredging for a not to exceed time and material amount of $36,910, make a finding that this item promotes tourism and approve necessary budget amendment from 195 reserves. OBJECTIVE: To approve Work Order with Humiston & Moore Engineering to move forward with the Doctor's Pass Maintenance Dredging CONSIDERATIONS: This proposal is for assisting the County with Construction Phase Services for the maintenance dredging of Doctors Pass. The same dredge template as currently permitted by Florida Department of Environmental Protection (DEP) under Joint Coastal Permit 0235740-001-JC with the ability for the use of two disposal areas. This project will consist of two scopes of work 1) specification, Bidding and; 2) Construction Phase. FISCAL IMPACT: A budget amendment is necessary moving $36,910 from Tourist Development Tax Fund 195 reserves. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. ADVISORY COMMITTEE RECOMMENDATIONS: At the April 11, 2013 CAC meeting this item was unanimously approved by a vote of 7 to 0. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires majority vote, and is legally sufficient for Board action.—CMG RECOMMENDATION: To approve Work Order with Humiston & Moore Engineering for Doctors Pass Maintenance Dredging for a not to exceed time and material amount of$36,910, make a finding that this item promotes tourism and approve necessary budget amendment from 195 reserves. Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management, Natural Resources Department Attachments: A) Proposal April 22,2013 New Business 7-a HUMISTON 2 of 46 &MOORE ENGINEERS COASTAL 5679 STRAND COURT ENGINEERING DESIGN FAX:239,59 2 A34110 026 AND PERMITTING PHONE:239 594 2021 April 10, 2013 Mr. Gary McAlpin, Manager Collier County Coastal Zone Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Re: Proposal for Doctors Pass Maintenance Dredging, Plans, Technical Specifications, Construction Observations, and Surveys H&M File No. 22-063, Collier County Contract 09-5262-S2 Dear Gary, As requested, we are providing this proposal for assisting the County with Construction Phase Services for the maintenance dredging of Doctors Pass. At your request we will use the same dredge template as currently permitted by Florida Department of Environmental Protection (DEP) under Joint Coastal Permit 0235740-001-JC with the ability for the use of two disposal areas. The preferred disposal area will be the beach disposal south of Doctors Pass which is currently being permitted by Coastal Planning and Engineering, Inc. The second disposal area is the currently authorized disposal under the active permit which is the nearshore area seaward of Lowdermilk Park. It is assumed that authorizations from the DEP and the U.S. Army Corps of Engineers for the proposed dredging and disposal will be provided by others. Please note that a pre- construction submerged aquatic vegetation (SAV) survey is required within the flood shoal region as part of the Notice to Proceed process. The SAV surveys, pre and post will be handled by the County. The county will be responsible for obtaining the necessary regulatory authorizations to proceed. Additionally, the county staff will do onsite observation and address all the requirements of the sediment quality assurance plan and turbidity and environmental monitoring and reporting. H&M will attend weekly meetings and provide support as required, During construction the contractor will be required to provide progress surveys by a registered Florida surveyor for pay quantities and of sufficient quality for post construction project certifications. Contractor will also provide sufficient surveys of the disposal area including all survey requirements of the DEP approved monitoring plan. We propose the following Scope of Work: I. Specification, Bidding 1. Plans and technical specifications: Based on a 2013 pre-construction monitoring survey to be provided by Atkins, Inc., Humiston & Moore Engineers (H&M) will prepare final construction plans and technical specifications. These will be provided to the County to be included with the County's Bid Documents for bidding the maintenance dredging project. Est. Cost: $12,320 (T&M) F:\H&M-22-000\22-063-Collier County RFP 5262-S212013 Doctors Pass\22-063 Doctors Pass Construction Phase 2013- 4-10.docx Page 1 of 2 April 22,2013 New Business 7-a 3 of 46 2. Opinion of Probable Costs: Provide the County with an Opinion of Probable Costs for the project: Est. Cost: $1,260 (T&M) 1 Pre-Bid Meeting and Bid Addenda: Respond to requests from Contractors, assist County staff with the Pre-Bid Conference, prepare any necessary addenda to the bid documents as deemed necessary by County staff, review submitted bids for dredging work by potential contractors, and make recommendations to the County regarding the award of a contract. Est. Cost: $4,040 (T&M) Subtotal I: $17,620 II. Construction Phase 4. Construction Observation: Attend weekly progress meetings with county staff and contractor and provide support to county as required. County will be responsible for onsite construction observation, QA/QC requirements and turbidity and environmental monitoring. H&M will process the survey data for pay quantity review and for final certifications, assuming a 40-day construction period, 24/7 operation. Est. Cost: $8,900 (T&M) 5. Post Construction Report: Using progress surveys provided by Contractor, H&M will plot final sections and prepare a post construction report and certifications. Est. Cost: $10,390 (T&M) Subtotal II: $19,290 Total I + II: $36,910 Tasks will be billed on a time and materials basis, unless otherwise noted. The budgets for these tasks may therefore be considered as not-to-exceed amounts with the understanding that in the event regulatory requirements or requests from County staff result in Additional Services exceeding the estimated budget amounts, a budget amendment will be requested. Please call if you have any questions. Sincerely yours, HUMISTON & MOORE ENGINEERS Brett D. Moore, P.E. President F:\H&M-22-000\22-063-Collier County RFP 5262-S2\2013 Doctors Pass\22-063 Doctors Pass Construction Phase 2013- 4-10.docx Page 2 of 2 I April 22, 2013 New Business 7-a 4 of 46 I _____I Date:April 10,2013 Tasks Doctors Pass Maintenance Soot Dred•in• 1.0 Plans&Specifications 2.0 Probable Opinion of Costs ' 3.0 Pre-Bid Meeting and Bid Addenda [ 4.0 Construction Observation Support,Pay Quantity&Certifications -[ 5.0 Post Construction Report 7 . ._ 1.01Plans&Specifications RATE/UNIT HOURS/QTY COST MARKUP AMOUNT I , Principle Eng./Pjt. Mgr. 175 24 4,200.00 Senior EntSenior Analyst 145 0; 0.00 !Analyst 125 01 Engineer III/Eng. Production/QC 105 49 1 4,200.00 Engineer II/Coastal En g. 95 0; 0.00 ;Engineer I 7 90 0' 0.00 ;Senior Technician 85 -----i: 680.00 j Env. Science Tech./Field Ob. ; 75 40 3,000.00 Jr.Tech./GIS Tech i 70 01 0.00 !Microsoft Project Tech 55 0 0.00 , :Administrative/Clerical 40 6 240.00 1 PLOTTING,BOND 25.00 7 0.00 ;PLOTTING,VELLUM 10.00 0.00 IEXPENSEISDI Survey , 0.00 'EXPENSE- $0 0.00 !EXPENSE-mileage 0.00 $12,320.00 --,- Subconsultants 0.00 H&M $12,320.00 Total Task 1.0 $12, .320 00 1 -1-- April 22, 2013 New Business 7-a 5 of 46 _L I Date:April 10,2013 . i Tasks Doctors Pass Maintenance S got Dredging 1.0 Plans&Specifications 2.0 Probable Opinion of Costs ! 3.0 Pre-Bid Meeting and Bid Addenda 4.0 Construction Observation Support,Pa Quanti &Certifications 5.0 Post Construction Report 2.0 Probable Opinion of Costs RATE/UNIT HOURS/QTY COST MARKUP AMOUNT Principle Eng1P1.Mgr. t 1751 2 350.00 Senior Eng/Senior Analys 145 0 0.00 Analyst j I 125 0, 0.00 Engineer III/Eng. Productii 105 0 0.00 En gineer II/Coastal Eng. 951 6 570.00 Engineer I 90' 01 0.00 Senior Technician 85, tli I ' 340.00 'Env. Science Tech./Field 75 0 0.00 Jr.Tech./GIS Tech 70, 01 0.00, I 1 iMicrosoft Project Tech 55, 01 . 0.001 1 Administrative/Clerical 40 q _ 0.00 PLOTTING, BOND 25.00 1 i 0.00 PLOTTING,VELLUM 10.00. ---7 0.00 EXPENSE-mailings,copying 0. 0,00; EXPENSE- 1 . 1 1 $0 0.00: ■ EXPENSE-mileage I 0.00: $1,260.00 Subconsultants 0.00 H&M 1 $1,260.00 Total Task 3.0 1 $1,260.00 April 22,2013 New Business 7-a 6 of 46 1 : 1 1 I I Date:April 10,2013 Tasks IDoctors Pass Maintenance Soot Drething I I . I 1.01Plans&Specifications i 2.0 Probable Os inion of Costs 3.0 Pre-Bid Meeti and Bid Addenda 4.0 Construction Observation Support,Pay Quantity&Certifications 6.0 Post Construction Report 3.0 Pre-Bid Meeting and Bid Addenda RATE/UNIT HOURS/QTY COST MARKUP AMOUNT Principle Eng./Pjt. Mgr. 175 8 1,400.00 Senior Eng/Senior Analys 1451 0 0.00 Anal St 1 125! 0 0.00 Engineer III/En.. Producti 105: 6 630.001 Eneineer II/Coastal Eng. 95 01 0.001 Engineer I; 90 8' 720.00: Senior Technician 85 8 680.00; Env.Science Tech./Field 75; 6 450.00-T iJr.Tech./GIS Tech , 70. 0 0.00i {-Microsoft Project Tech L 55 0 0.001 1Administrative/Clerical 1 40 4 1 160.00 1PLOTTING, BOND 1 25.00 0.00 :PLOTTING,VELLUM 10.00' 0.00 EXPENSE-mailings,copying : 0 0.00 ; 1EXPENSE- 1 0 0.00 EXPENSE-mileage mtgs-rock : 0 0.00 1 , 1 ',4 040.00 ! 1 .__ ___. ISubconsultants +.. H&M $4,040.00 i .----,--, : I .Total Task 4.0 $4,040.00 April 22, 2013 New Business 7-a 7 of 46 [_______ _.1 1 Date:April 10,2013 Tasks Doctors Pass Maintenance Spot Dredging Ik----- 1.0 Plans&Specifications I 1 2.0 Probable Opinion of Costs 3.0 Pre-Bid Meeting and Bid Addenda 1 i I _ 4.0 Construction Observation Support,Pay Quantity&Cert ifications 5.0 Post Construction Report ' 1 1' 1 I ..■21. 4.0 Construction Observation Support,Pay Quantity&Certifications i . -- 'RATE/UNIT 1 HOURS/QTY;COST MARKUP AMOUNT Principle Er-10M. Mir. T__ 1751 18 1 3,150.00 Senior Eng/Senior Analyst 1457 0 0.00 Analyst 1 125 10 1 1,250.00 Engineer III/Eng. Productic 105i 0 : 0.001 lEngineer II/Coastal En_g. , 95, 0 :..___ 0.00 Engineer II 90! 0 ,90 Senior Technician 85 0 0.00 Env.Science Tech./Field 75i 60, ' 4,500.00 Jr.Tech./GIS Tech 70. 0 0.00 Microsoft Project Tech 551 0 0.00 Administrative/Clerical 40! 0 0.00 PLOTTING, BOND 25.00 1 0.00 PLOTTING,VELLUM 10.001 i 0.00 EXPENSEF§-elirment 10 0 0.00 EXPENSE- 1 , 0 : 0.00 -1-- EXPENSE postage courie : 0 0.00 .__:.. $8,900.00 Subconsultants 0.00 1 , H&M . $8,900.00 I Total Task 5.0 $8,900.00. I April 22, 2013 New Business 7-a 8 of 46 i—_- I -_--__—_-L__-_-_- _ - I Date:April 10,2013 Tasks Doctors Pass Maintenance Spot Dredging I 1.0 Plans&Specifications F 2.0 Probable Opinion of Costs 3.0 Pre-Bid Meeting and Bid Addenda 4.0 Construction Observation Support,Pay Quantity&Certifications 6.0 Post Construction Report 6.0 Post Construction Report ', I RATE/UNIT HOURS/QTY COST MARKUP AMOUNT Principle Eng./PjtMgr. 175 10 1,750.00: Senior Eng/SeniorAnaly 145 0' 0.00: Analyst - L 125 0; 0.001 Engineer 111/Eng. Productil 105 40 4,200.001 Engineer II/Coastal Eng. 1 95 0' 0.001 Engineer li j 90 401 3,600.00; _ Senior Technician 1 85 8: 680.00 Env. Science Tech./Field( 75 01 0.00 Jr.Tech./GIS Tech [ 70 Oj 0.00 Microsoft Project Tech 55 01 0.00 Administrative/Clerical 40 4 160.00 PLOTTING, BOND 25.00 0.00 PLOTTING,VELLUM 10.00 0.00 EXPENSE-mailings, copying _ 0 0.00 EXPENSE SDI survey I 0 0.00 EXPENSE-mileage mtgs-rock 0 0.00 ' $10,390.00 Subconsultants 0.00 -- — H&M i $10,390.00 1 Total Task 7.0 $10,390.00 I • April 22, 2013 New Business 7-a 9 of 46 1 I Date:April 10,2013 I 1. Tasks i Doctors Pass Maintenance Spot Dredgi g 'Budget H&M Sub T- 1.0 1 0 Plans&Specifications f _ $12,320 $12,320 I $0 2.0 Probable Opinion of Costs $1,260 $1,260 $0 3.0 Pre-Bid Meeting and Bid Addenda $4,040 $4,040 $0 4.0 Construction Observation Support Pay Quantity&Certifications __$8,900 l $8,900 $0 – 5.0 Post Construction Report $10,390 $10,390 1 $0 l i (Subtotal 1 thru 4: $17,620 $17,620 $0 j Subtotal 5 thru 7 $19,290 $19,290 $0 Total: $36,910 $36,910 $0 Rate ' Total Hrs. Principle Eng./Pjt. Mgr, 175 62 1 Senior Eng/Senior Analy 145 0 Analyst ! 125 10 Engineer III/Eng. Productic 105 86 Engineer Il/Coastal Eng, 95 6 f Engineer I 90 48 !Senior Technician 85 28 :Env.Science Tech./Field 75 106 i Jr.Tech./GIS Tech , 70 0 1 Microsoft Project Tech ' 55 0 i I Administrative/Clerical 40 14 1 -- —. I April 22, 2013 New Business 7-a 10 of 46 HUMISTON & MOORS 5679 Strand Court Naples,FL 34110 ENGINEERS 1,,� �� 239-594-2021 -Voice COASTAL 239-594-2025-Fax ENGINEERING DESIGN AND PERMITTING RATE SCHEDULE Principal Engineer $175.00/hr. Senior Engineer/Senior Analyst $145.00/hr. Project Director/Project Manager/Project Coordinator $125.00/hr. Engineer III/Engineering Production/QC $105.00/hr. Engineer 11/Coastal Monitor $ 95.00/hr. Engineer I $ 90.00/hr. Senior Technician $ 85.00/hr. Environmental Science Technician Junior $ 75.00/hr. Technician/GIS Technician Microsoft $ 75.00/hr. Project Technician Administration/Clerical $ 70.00/hr. Clerical $ 55.00/hr. $ 40.00/hr. This list is not intended to be all inclusive. Hourly rate fees for other categories of professional, support , and other services shall be mutually negotiated by the County and the firm on a project-by-project basis as needed. April 22, 2013 New Business 7-a 11 of 46 This of list is not intended ad to 1 e all vices e I b n ual yfee for ted categories o the-County and the ro esstonal, support, and of er services shall be Mutually negotiated trm on a probe t-by-project basis as needed. F:\H&M-22-000\22-063-Collier County RFP 5262-S2\Fee Schedule.doc .k set 2. 11111.1111111 ' rf� Y J ? a k, Ia ' Wwo LI 4 c4 O o ,, j ix w $ a II ' � z ¢ cn q LI, i o M o 'ga°^. mo1,oN (2) F1,71igm a ., - gw a. b a i ° �� a z 1,6 VIVO.. Sr .„s w m w 16 s �g glq i 2; = b; 5 3; WM is '8 s w C §-„Y 52 i 6g as < £ €6 28. °,19 2i .y dd p, '<8 3= .iv.° Td W iii 4 w i; g° : 0'1; a o '< ” 'iU ' ' �g 'sue 1 I � N ° m I .. 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IIIIIII01111II 2 � N I° RN RN : 111� RNIlllllII : ' '' ' ' s — B I1111111111111116222U' 4Z 1 R R: R R R i I ' II IIIIIIIIIIIIIIIIII, � �111! 1 . ,,.. � IR R _ R 1 11 11 lIllIIlOhlIOIlllll II 111111 IIII011111$ R R IlIllllIlllIllllllII, R 0 , o _ R' e _ e '' R o' _ _ '' _ ' 2048033'22 4182 20028313 28 0100 a 021184313 W 4180 0048013 22 4180 00118233 4180 !i$}$k ! t �p�S S April 22, 2013 New Business 7-a 28 of 46 DOCTORS PASS 2013 4-YEAR POST CONSTRUCTION ENGINEERING MONITORING REPORT Prepared For: Collier County—Coastal Zone Management Department 2800 N. Horseshoe Drive Naples,FL 34104 •• / „j 3A/ ax �yY/f 3• 4 s , ti Prepared By: Atkins 4030 West Boy Scout Boulevard,Suite 700 Tampa,FL April 2013 April 22, 2013 New Business 7-a 29 of 46 DOCTORS PASS 2013 ENGINEERING MONITORING REPORT EXECUTIVE SUMMARY This report evaluates the performance of the 2009 maintenance dredging at Doctors Pass. Dredging for Doctors Pass occurred in March to April of 2009. The current survey was taken on March 28, 2013. Since the May 2012 survey provided by Humiston & Moore, the Doctors Pass survey area has experienced an overall net volume gain of approximately 7,422 cubic yards. The total amount of material that would be available if dredged at this time would be 36,872 and therefore the pass does require maintenance dredging at this time. Table 1: Volume Summary Within Limits of Permitted Dredge Template Volume Summary 2013 2012 Non- Volume Volume 2012- 2005 Post- Dredge Above DT Above DT 2013 Con vs 2013 Probable (cy) (cy) Delta (cy) Rock(cy) Total Volume Above Dredge Template: 59,691 52,269 7,422 36,872 22,819 K April 22, 2013 New Business 7-a 30 of 46 DOCTORS PASS 2013 ENGINEERING MONITORING REPORT TABLE OF CONTENTS I. INTRODUCTION 1 II. HYDROGRAPHIC SURVEYS 1 III. VOLUMETRIC CHANGE 3 IV. CONCLUSIONS& RECOMMENDATIONS 10 V. REFERENCES 13 LIST OF TABLES Table 1. 2013 Morgan and Eklund Control Points 2 LIST OF APPENDICES Appendix A. Doctors Pass Survey Map and Cross Sections ATKINS ii April 22,2013 New Business 7-a 31 of 46 DOCTORS PASS 2013 ENGINEERING MONITORING REPORT I. INTRODUCTION This report describes the performance and volumetric changes for Doctors Pass, which is located between Florida Department of Environmental Protection (FDEP) monuments T-57 and R-58A, from May 2012 through April 2013. This annual monitoring is required by FDEP JCP Permit No. 0235740-001-JC. In March through April of 2009, a maintenance dredging event designed to remove 36,000 cubic yards of sand occurred. After dredging took place, approximately 32,550 cubic yards of material was excavated. The project's remaining effectiveness from the 2009 dredging activities is assessed in terms of volumetric changes from May of 2012 through March of 2013. A location map of the monitoring area can be found in Appendix A. Project area events since last dredge project: • February-April 2009: 32,500 cubic yards of sand was dredged and placed in the nearshore between DEP reference monuments R-60 and R-62. • February-April 2011: Over 3,000 tons of armor stone were added to the north jetty to widen the landward 160 feet by 5 feet, increase the height of the seaward 240 feet to+6.0 feet NAVD, create a 2:1 slope along the south side, and increase the footprint by 4 feet on the seaward end. • February-April 2011:The beach immediately south of the pass from reference monument R-58 north to the south jetty was nourished with over 22,000 cubic yards of truck hauled sand. • June 21 —June 25,2012: Tropical Storm Debby impacts Collier County coastline with four days of rain,high tides,waves and winds. II. HYDROGRAPHIC SURVEYS The annual monitoring of Doctors Pass requires a bathymetric survey performed along previously established survey track lines. This data allows Collier County and the Florida Department of Environmental Protection (FDEP)to continually observe and assess the performance of the maintenance dredging at Doctors Pass. The annual monitoring surveys are needed to observe the performance of the maintenance dredging and assess these projects' affects on adjacent shorelines. The scientific monitoring process also provides information necessary to plan,design and optimize future projects. Surveyors from Morgan & Eklund, Inc. (M&E) conducted the bathymetric survey for the borrow area on March 28, 2013. All vertical elevations from the 2013 survey are referenced to the North American Vertical Datum of 1988 (NAVD 88) and all horizontal data is referenced to the Florida State Plane Coordinate System,East Zone,North American Datum of 1983/90(NAD 83/90). The horizontal positioning for the ebb shoal bathymetric survey relied upon Real-time Kinematic GPS, with the GPS base station receiver set on Point#409,provided in Table 1 below. AT K 1 N S 1 April 22,2013 New Business 7-a 32 of 46 Table 1.2013 Morgan and Eklund Control Points Point Northing Easting Elevation Stamping Description 409 669925.74 389034.90 8.95 409 M&E IRC 410 669991.91 389035.15 6.13 410 M&E IRC 411 677948.90 390299.26 19.78 411 M&E IRC 412 677948.96 390336.02 19.56 412 M&E IRC U-55 672131.10 388974.60 7.13 U-55 Coll. Co. 1979 DNR Disc in Concrete A-11 676453.59 388667.14 5.77 64-78-A11 DNR Disc in Concrete Offshore data collection performed to FDEP specifications by Morgan & Eklund, Inc. utilized a 26' Parker survey vessel, Trimble SPS 852 Real-Time Kinematic GPS, Hypack Navigation Software, an Odom CVM Digital Echosounder and a TSS Motion Compensator for data collection. Calibration of the fathometer (depth sounder) involved adjusting for vessel squat and settlement while underway, vessel draft, and the speed of sound in water (bar check). Both analog and digital fathomer readings were calibrated at the beginning and end of each survey day and after replacing paper charts. Elevations for the ebb shoal bathymetric survey relied on Real-time Kinematic tide files and were verified with a tide staff and tide gauge set near Point#409 with an elevation of 8.95 feet NAVD 88 on March 28, 2013. The survey boat navigated along each transect using the steering indicator in Hypack and the coordinates and depth soundings were simultaneously collected every 20 feet along the profile line. The digital fathometer collected readings to the nearest 0.1 foot. The resultant accuracy of the bottom elevations, from leveling to staff, staff accuracy, positional accuracy and sounding accuracy, are within ±0.5 feet, as stipulated in the FDEP specifications. The 2013 survey recorded elevations in reference to the North American Vertical Datum of 1988 (NAVD 88),as requested by the FDEP. In order to convert to the National Geodetic Vertical Datum of 1929 (NGVD 29,datum previously used in permits and construction drawings)or to Mean Lower Low Water (MLLW,Datum commonly used on navigation charts)one must refer to the nearest tidal benchmark. For Doctors Pass the closest tidal benchmark is Tide Station 872-5110 Naples Gulf of Mexico. The second table under NAVD 88 Feet shows the conversion between MLLW and NGVD88 of 2.3 feet. Therefore if you have and elevation shown on the survey of-5.3 feet NAVD 88 and you subtract a-2.3,one would get -3.0 feet MLLW. MLLW will show a shallower number than NGVD 29 which is shallower than NAVD 88. Figure 1 shows the conversion from NAVD 88 to NGVD 29 and to MLLW. ATKINS 2 April 22, 2013 New Business 7-a 33 of 46 Figure 1: Datum Conversions NGVD29 NAVD88 MHW+1.61' +0.33' MLLW-1.01' -2.28' III. VOLUMETRIC CHANGE In 2009 the maintenance dredging project excavated approximately 32,550 cubic yards of material from Doctors Pass. In March of 2013 a bathymetric survey of Doctors Pass was performed and the resulting color-banded elevation map is given in Appendix A. A volumetric comparison was made between the March 2013 survey and the survey performed in May 2012 by Humiston and Moore. Based on total extents of these two surveys, the analysis shows that the pass has an overall net gain in volume of approximately 9,192 cubic yards over the past year. There was a net gain of 7,422 cubic yards within the limits of the 2005 permitted dredge template. Further dissecting this volume into the 2005 permitted dredge template sections,we can take a closer look at the areas that have gained and lost material over the past 11 months. The volume shown are the net volumes for the segments, there is the potential for isolated hotspots that are needed for navigation within the segments that may not show as appreciable net volume accumulation. Appendix A contains the plan view survey differential contours in NAVD 88 which delineate the spots that have gained or lost material. The 2005 permit divided the dredge template into eight segments. These segments and the associated stationing are shown in Figure 2. TN 3 pril , 2013 New 22Business 7-a 34 of 46 Figure 2: Doctors Pass Dredge Template Segments I . , , I . I I o 1 WEST CFWINE4 �.�`.��d"� ._. y"4 tTA 3�33TO3Nx ��^ .•, ate, ` N, 6i" - rwarolm tST$HAFNB. ,�, , ° STA acbTO3.l6 �"Y, �° ` GULF OF a o IIL7000 ».+a 6148TGWWa Tl/i11W6SASN -63Y'NA �� "xro*1 '""�.a 1A T1VOY02p 7 1 `�€" .. EurwANCeaW* A8'r. ...:4,s m a ' "' w' 4 - STAI2OOTQISNq � (.8.NOYRNIE i, // '. 4'' ,{ 'a te rt �k �4 } . �`'v — ENIPAMCE(AIANNB.INEST '�-'' ,, 4ro r"� / `A - 4. STAM3t TD i2*O "�" -. � ! o3 NA k / ii { J W 1a me SeTrUNE/"4" ° a6,2T'NAVbflf „R... .: - '*/44,•\,:------1 1 ,7. . i �� atetxtvar6) ,, 4, �h l � t 1■■ 1 o \t IASS t "�' Tfi� '9t �{Y 1 a c } .� p;:°4:'‘, € '�agytYr� W _ `,� �9 a9 +s. '* 1 — ()OUTW OHANNFA. R a'4.;44'.:A,IOSENE srAa.+texrTiu°w. �7 ° ` 1 �i ATKINS w p ' (-rte ° �_*4- ` &.G,3# ` w 3f.ALE,... k r % 5 ,�` ! OATEQl®iMlxn2((�q jv , +., f ✓v. • n "2" �t !J sauNFonatwmAn�waaoee�owr - y ( a .. �= car Ii I 1 • 1 s I I I w,rnnawiraSl ATKiNS 4 April 22, 2013 New Business 7-a 35 of 46 A. Doctors Pass Dredge Segments(Settling Basin,Entrance Channel West,Entrance Channel East) i. Settling Basin: The Doctors Pass Settling Basin is located just outside of Doctors Pass and includes the ebb shoal. This dredge segment is permitted to a cut elevation of-15.3 feet NAVD 88(-14.0 ft NGVD 29). This segment has seen the largest increase in volume of all the dredge template sections with 5,207 cubic yard increase from the 2012 survey and the total volume above the dredge template of 48,524 cubic yards. It should be noted that during the 2005 dredge event the total amount of material in the dredge template was not achieved in this section because the dredge encountered hard bottom substrate. (CPE 2010) Therefore the entire 48,524 cubic yards will not be realized if a maintenance dredge project was commissioned at present date. The volume of sediment closer to the amount that can physically be removed would be 26,665 cubic yards, based on the comparison from the 2005 post- dredge survey to the current 2013 survey. Table 2: Doctors Pass Volumes Non- 2013 2012 2005 Dredge Dredge Dredge Volume Volume 2012- Post-Con Probable Cut Cut Above Above 2013 vs 2013 Rock Segment Stations NGVD29 NAVD88 DT(cy) DT(cy) Delta (cy) (cy) Settling 0+00 to Basin 6+34 -14.0 -15.3 48,524 43,317 5,2072 6,665 21,859 Entrance Channel 6+34 to West 12+00 -9.0 -10.3 3,195 2,636 559 3,195 0 Entrance Channel 12+00 to East 15+70 -8.0 -9.3 439 142 297 439 0 Subtotal: 52,158 46,095 i 6,0633 0,299 21,859 Figure 3 below depicts the amount of material that has accumulated at the mouth of the pass at Station 2+50 in the settling basin. ATKINS 5 :a.rrrur.r... April 22, 2013 New Business 7-a 36 of 46 Figure 3: Settling Basin typical cross section SETTLING BASIN 2+50 10 10 m a 5 o G 7Q -i • 0 0 z w (n w 'S y — m cn m p -10 10z • * r 1 W_ 15 co OD w ... -20 .20 -300 -250 -200 -150 -100 -50 0 50 100 150 200 250 300 EGEND: - ST E -2010 2005-06 PO SURVEY SURVEY(CP&E)(CP& ) -- -2011-06 SURVEY(M&E) 2012-05 SURVEY(SDI) -2013-03 SURVEY(M&E) � ii. West Entrance Channel: The West Entrance Channel begins at the west end of the south jetty and extends into the pass proper. The dredge cut elevation is -10.3 ft NAVD 88 (-9.0 ft NGVD 29). The West Entrance channel runs roughly the length of the rubble rip rap along the south jetty in the aerial photo. This. area has gained 559 cubic yards of sediment since the 2012 survey, and has approximately 3, 95 cubic yards available above the dredge template. There is a shallow shoal developing just inside the south jetty shown in Figure 4. The 2005 and 2009 dredge projects also encountered rock substrate in this section so the full 3,195 cubic yards will likely not be captured in the next dredging project. . ,T 6 April 22, 2013 New Business 7-a 37 of 46 Figure 4: West Entrance Channel cross section at shoaled area WEST ENTRANCE CHANNEL 8+50 10 10 co co 0 5 5 Q -a 0 O U z U L`- 5- z -5 m oz w-15 -15 0 ?300 -250 -200 -150 -100 -50 0 50 100 150 200 250 30020 LEGEND 2005-POST SURVEY(CP&E) -2010-06 SURVEY(CP&E) 2011-06 SURVEY(M&E) 2012-05 SURVEY(SDI) ---2013-03 SURVEY(M&E) j iii. East Entrance Channel: The East Entrance Channel starts approximately at the west terminus of the concrete seawall cap on the south side of the pass and extends east to where the pass proper opens into the Turning Basin. The dredge cut elevation for this segment is -9.3 ft NAVD 88 (-8.0 ft NGVD 29). This area accumulated 297 cubic yards of sediment in the past 11 months, but as Figure 5 shows and according to Table 2, there is only 439 cubic yards in this segment currently above the dredge template. ATKINS 7 April 22, 2013 New Business 7-a 38 of 46 Figure 5: East Entrance Channel Typical Section EAST ENTRANCE CHANNEL 14+00 10 10 0o co D 5 5 < 0 0 z w to w U- -5 5 T p -10 10-4 I' uj -15 -15 w � -20 -20 -300 -250 -200 -150 -100 -50 0 50 100 150 200 250 300 (LEGEND: 2005-POST SURVEY(CP&E) -2010-06 SURVEY(CP&E) 2011-06 SURVEY(M&E) 2012-05 SURVEY(SDI) 2013-03 SURVEY(M&E) B. Turning Basin Dredge Segment The Doctors Pass Turning Basin is the location where the backbay channels and the pass proper come together. This confluence of channels from the Gulf and Moorings Bay is a wider area where currents slow and sediment can begin to fall out of suspension. The Turning Basin leads from the pass to the start of the flood shoal and the location where the main channel trifurcates into the east,,west and south channels in Moorings Bay. The permitted dredge cut elevation is -9.3 ft NAVD 88 (-80 ft NGVD 29). The Turning Basin accumulated 1,182 cubic yards from 2012 to 2013 (Table 3)and currently holds 5,698 cubic yards of sediment in the dredge template. Table 3: Turning Basin Volumes Non- 2013 2012 2005 Dredge Dredge Dredge Volume Volume 2012- Post-Con Probable Cut Cut Above Above 2013 vs 2013 Rock Segment Stations NGVD29 NAVD88 DT(cy) DT(cy) Delta (cy) (cy) Turning Basin N/A -8.0 -9.27 5,698 4,516 1,182 4,738 960 Subtotal: 5,698 4,516 1,182 4,738 960 ArKINS 8 April 22, 2013 New Business 7-a 39 of 46 C. Moorings Bay West Channel Dredge Segment The West Channel in Moorings Bay is one of two routes for boaters to access Moorings Bay to the north. The West Channel is divided into three segments. The north section is not permitted for dredging currently. The South segment (Sta. 0+00 to Sta. 3+56)has a permitted dredge elevation of-9.3 ft NAVD 88 (-8.0 ft NGVD 29) and the Middle segment(Sta. 3+56 to Sta. 8+12) is permitted to -8.3 ft NAVD 88 (-7.0 ft NGVD 29). This section is bounded on the west by private docks and on the east by the Moorings Bay flood shoal. As Figure 6 shows the flood shoal typically grows into the channel form the east boundary(right side of the cross-section)requiring maintenance dredging. Figure 6: West Channel Typical Cross-Section. WEST CHANNEL 1+00 10 10 rn m 5 5 C F— --1-1 0 0 p w 0 u 5 z -5 p-10 -10 P -15 15`6 LLI 03 -20-300 -250 -200 -150 -100 -50 0 50 100 150 200 250 300-20 LEGEND: ._2005-POST SURVEY(CP&E) —2010-06 SURVEY(CP&E) ...2011-06 SURVEY(M&E) 2012-05 SURVEY(S01) 2013-03 SURVEY(M&E) The South segment has accumulated 117 cubic yards from 2012 to 2013 (Table 4) and currently holds 1346 cubic yards of sediment in the dredge template while the Middle segment has gained only 14 cubic yards and from 2012 to 2013 (Table 4)and currently holds 122 cubic yards of sediment within the dredge template. TK 9 1 April 22, 2013 New Business 7-a 40 of 46 Table 4: Moorings Bay West Channel Volumes 2013 2012 2005 Non- Dredge Dredge Volume Volume 2012- Post- Dredge Cut Cut Above Above 2013 Con vs Probable Segment Stations NGVD29 NAVD88 DT(cy) DT(cy) Delta 2013(cy) Rock(cy) 0+00 to South 3+56 -8.0 -9.3 1,346 1,229 117 1,346 0 3+56 to Middle 8+12 -7.0 -8.3 122 108 14 122 0 Subtotal: 1,468 1,337 131 1,468 0 North (not 8+12 to permitted) 19+00 N/A N/A N/A N/A 1,163 N/A N/A D. Moorings Bay East Channel Dredge Segment The East Channel in Moorings Bay is divided into two segments. The South Channel segment(Sta. 4+85 to Sta. 6+78) has a permitted dredge elevation of -8.3 ft NAVD 88 (-7.0 ft NGVD 29) and the East Channel segment (Sta. 11+35 to Sta. 17+51) is also permitted to -8.3 ft NAVD 88 (-7.0 ft NGVD 29). This section is bounded on the west by the Moorings Bay flood shoal and on the east by private docks. As Table 5 shows there is typically only a small volume contained in these segments with the South Channel accumulating 50 cubic yards in the past 11 months and with only 197 cubic yards available for dredge above the template. The east channel has even less volume above the template with 170 cubic yards and actually had a net loss of material this year. Table 5: Moorings Bay East Channel Volumes Non- 2013 2012 2005 Dredge Dredge Dredge Volume Volume 2012- Post-Con Probable Cut Cut Above Above 2013 vs 2013 Rock Segment Stations NGVD29 NAVD88 DT(cy) DT(cy) Delta (cy) (cy) South 4+85 to Channel 6+78 -7.0 -8.3 197 149 48 197 0 East 11+35 to Channel 17+51 -7.0 -8.3 170 172 -2 170 0 Subtotal: 367 321 46 367 0 IV. CONCLUSIONS&RECOMMENDATIONS Doctors Pass has a typically been dredged on a 3-4 year rotation with the last dredge event occurring in 2009. This would be the year for another maintenance dredge project based on that cycle and the volume available within the dredge template (Table 6). Table 6 indicates there is approximately 36,872 cubic K n n S 10 1 April 22, 2013 New Business 7-a 41 of 46 yards of sediment that can be dredged and placed on the beach in the permitted area Bout of Doctors Pass from R-58A to R-62(permit pending). Table 6: Volume Summary Within the Dredge Template Volume Summary 2013 2012 Non- Volume Volume 2012- 2005 Post- Dredge Above DT Above DT 2013 Con vs 2013 Probable (cy) (cy) Delta (cy) Rock(cy) Total Volume Above Dredge Template: 59,691 52,269 7,422 36,872 22,819 Figures 3, 4 & 6 also show that shoaling at Station 2+50 in the Settling Basin, Station +00 in the West Entrance Channel and Station 1+00 in the Moorings Bay West Channel are affecting nav gation. As noted in the hydrographic survey section, MLLW is 2.3 feet above NAVD88 therefore these figures show that at low tide some shoaled areas may have less than three feet of water. The entire segmen may not require dredging and Figure 7 shows the areas where sediment has accumulated over 1 foot abov the template. Figure 7: Differential Contour Map ,,,±;7,,. '411,-.„, '''', s' i'4„,' = t, '*- i - 444444'u4 , -s 1a y .. ' 34 x f ,,/:-',IL(I.Keit/ir:,".7.iggit ;.,tct... ' ' tt., . , ' '''# F., '/ "C GU f d( . ^w'4.µ $ J AiEXfiC'U ' .,d *; b , P v.� €.' ,r, PASS �3 u�e,, , ,,,,5 � d,.` ` ," #f s►r t a , 4 fl(p4 i� x H� . v� , ,A Ne d • Z.,,,','00'" e dp sp. n o- , ,i l ,LL..ARJ5 t$L�YY t�l4bE'Q i1s ATKINS 11 April 22, 2013 New Business 7-a 42 of 46 Atkins recommends completing a maintenance dredge project for the Settling Basin, West Entrance Channel, Turning Basin and West Channel in Moorings Bay. Also it is recommended to continue the annual monitoring of the Settling Basin, Entrance Channel, Turning Basin and Moorings Bay Channels should be continued in the future to determine a rate of infill for future use and permit compliance. ATKINS 12 April 22, 2013 New Business 7-a 43 of 46 V. REFERENCES Atkins, Doctors Pass—2011 Engineering Monitoring Report,August 2011. Coastal Planning & Engineering, Inc., Wiggins and Doctors Passes 2009 Maintenance Dredging Post- Construction Report,July 2009. Coastal Planning & Engineering, Inc., North County Passes: Wiggins, Doctors, and Clam Passes 2010 Engineering Monitoring Report, October 2010. Humiston & Moore, Inc., Doctors Pass Maintenance Dredging 2012 Three-Year Post Construction Monitoring Summary,August 2012. ATKINS 13 1 April 22,2013 New Business 7-a 44 of 46 INTERLOCAL AGREEMENT r.C •■ • This - .reement, made and entered into ,this,-- 6744— day of 1995, by and between the City of Naples, a Pio ..a municipal corporation, hereinafter called City, and Collier County, a political subdivision of the State of Florida, hereinafter called County. WITNESSETH WHEREAS, the City must set an ad valorem millage rate for Fiscal Year 1995/1996; and WHEREAS, in past years, the millage rate for some City residents has included an allocation for the maintenance of the Moorings Bay System and Doctors Pass and its Approaches; and WHEREAS, since 1994, the maintenance of Doctors Pass and its Approaches has been included in the allocation of funds generated by the Collier County Tourist Development Tax, more specifically within the sixty percent of the Tourist Development Tax revenue allocated for Category A (Beach Renourishment and Pass Maintenance) purposes; and WHEREAS, the estimated cost for maintenance of the Moorings Bay System can now be generated by a lower millage rate than in past years, and it is the desire of the City Council to reduce the millage rate for those affected residents; and WHEREAS, both the affected residents and City Council desire a commitment from the Board of Commissioners that the cost of maintenance of Doctors Pass will continue to be borne by the Category A funds from the Tourist Development Tax; and WHEREAS, Doctors' Pass and its approaches are described on the attached Exhibit "A"; and WHEREAS, Chapter 163, Florida Statutes, provides for intergovernmental agreements between metropolitan or consolidated governments . NOW, THEREFORE, in recognition of the desire for a continuing commitment, both the City Council and the Board of Commissioners agree as follows; 1 . The costs of maintenance of the Moorings Bay System wilL continue to be borne by the Moorings Bay Taxing District . 2 . The costs of maintenance of Doctors Pass and its Approaches will continue to be borne by the Category A funds from the Collier County Tourist Development Tax. 3. This agreement shall take effect immediately upon its acceptance and shall be subject to annual appropriations by the April 22, 2013 New Business 7-a 45 of 46 Interlocal Agreement Page 2 Board of County Commissioners, ATTEST: CITY OF NAPLES , 4 ) '6‹2 0.1,4424. BY / an yn Mc or;,JCity Clerk Pau W. Muenz-. Mayo, Approved as.* tx§)-form and ' legality ' ,t1 Maria J. Chiaro, City Attorney DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 44f BY 400 dir4 111114 gr Broc , *r-r.Thr Betty- ftt ews, C airman Approved as to form and 1.401t1 t (riZ.„ ennet Cuyler, County Attorney JCS\dp,commit.wpw _ . ___52., A.ril 22, 20'1'3 EXHIBIT 'A ''''-----;---4-=-=---,r-------''i N-z. Business 7-a ,,------ ----1 46 of 46 GULF OF MEXICO ,. • -------- . Illmill r?` .... 2j 4000 izi....eminizTommiai 18 VS HAAV eorrom -- . DREDGE AREA . ' ''----- : . — -- ' ' 7 targalahaSEIM" ' 0 AREA i ---- '-'------- 7—'''-'77.:7;.:- --- : ' Welea a .....---- --- ------;— ,-----..- - fi-,-T----- -- ' --.." -- , _,..., _- - _----144,‘ , 1.4. .;., 4,t'9.41 `."''...'''' .'. ....''''' ' •te= ' '44'11444' t..." 7's''.4."',,,. '''' :••''' .: ' 0.'°'r4ntlr4:#412354S ''. * .■ :+.'X • ------ ------ ,..,..,.,:..% .., t 3_ .,,..- ,.......--- — ..... zn 2 . ....__.,.., C •^Ckt. - 15' 1 C DREDCE 4.7,2c at, 2A.K.W" U C" i 6 20' 'i AREA 2 Rotg W 4, GROOS crYKI l r Irm A o- se-A.A.:A 4rAVI DREDGE AREA ARO SPOIL SITE ..,,s.- pRzsomy APpitOvED 104DER 4 PERMIT NO. 112022369 k #..-.,E.,,, Toil DREDGE D 'VIA AREA 3 [2:71 0,0:00E AREA 1 INCREASED ii4..„ .0".t..,...41 0,12,0E AREA 2 r$ DREDGE AREA 3 ", :14'. _„ ..., ,..;,—".1 .:::: --...",,,:„• .- , . • ., . DREDGE 't.A. 4: - . . ' , -a 1,10ORPNOS BAY - i ' AREA 4 r P1000 ., , Nor"3: OREDOE Aukcivz , DEVON AREA . IN (Novo , 1. CONTOUR UNES An 07 FTE 1 .., .,..,.. , 1 6.4 14' i OCI.OW N.G.V.O. (EL- 00') 2 1.5 51' 111E111 °-15 MEM 2. fill In SPOIL Sat vAu. NOT - ......... 1111:111111111511111111511111 ExCCE0 ELEvATtoN —I` (REF KG NO) 100* 0' 100 zo0* Jtc, -. PREPARED FOR: 4• .. 4. ' "I . PREPARED 8Y: . " /.0rti PROP DSED DREDGING AND CITY OF NAPLE'S $ --triE te 4.-ROBERT A. CRAWFORD, ,E. MAINTENANCE DREDGING 735 EIGHTH STREET SOUTH',. , ...** FLORIDA REC. NO 15228 OF DOCTORS PASS NAPLES, FLORIDA 33946>.: ;* t:-.** SUBOCEANIC CONSULTANTS, INC. DATE 9-9-9„.1 REN4SIONS: 04- SAVE THE SAYS AssococrioN, 4,1c. , 261 AIRPORT ROAD SOUTH P. 0. BOX 1593 NAPLES, FLORIDA 33942 SHEET _2_ OF ,,,A..., NAPLES, FLORIDA 33939 (813) 261-2025 TOTAL P.02 April 22,2013 New Business 7-b 1 of 3 EXECUTIVE SUMMARY Recommendation to provide after-the-fact approval Change Order No. 3 to WO 45-141808 and authorize the expenditure of Tourist Development Category "A" tax funds for a Peer Review of the Collier County Beaches volume design by Atkins North American, Inc. under Contract No. 09-5262-CZ for a lump sum amount of$12,472. OBJECTIVE: To move forward with the Peer Review for the renourishment volumes of the Collier County Beaches. CONSIDERATIONS: The intention of the original Peer Review is to provide design methodology and proposed renourishment volume review of the upcoming beach nourishment project by Atkins North America, Inc. for a lump sum price of$33,365. Atkins was to review Coastal Planning and Engineering's design drawings, monitoring reports, calculations, modeling results and construction standards in this analysis. The original Work Order was approved by the Board of County Commissioners for a lump sum amount of$33,365 on December 11, 2012. This after-the-fact change order of$12,472 will fund additional engineering, analysis, questions and concerns voiced as a result Commissioner review. Timing was critical to address and answering these questions and concerns. The additional Peer Review work was performed in March 2013 and the meetings were complete in April 2013 prior to advisory committee review. All work for this review is now complete. FISCAL IMPACT: Funding for this project will be from Tourist Development Tax Category "A" funding within Tourist Development Council (TDC) Beach Renourishment Fund 195. Funding is available in Project 80096. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. ADVISORY COMMITTEE RECOMMENDATIONS: At the April 11, 2013 CAC meeting this item was approved by a vote of 6 to 1. LEGAL CONSIDERATIONS: Staff is seeking after-the-fact approval for this Change Order. The proposed Change Order was drafted by the vendor on March 15, 2013 and presented to the CAC for approval on April 11, 2013. The described work, including the public presentation to the BCC on April 2, 2013, has already taken place. This item has been reviewed by the County Attorney's Office, requires majority vote, and is legally sufficient for Board action. —CMG RECOMMENDATION: To provide after-the-fact approval of Change Order No. 3 to WO 45- 141808 and authorize the expenditure of Tourist Development Category "A"tax funds for a Peer Review of the Collier County Beaches volume design by Atkins North American, Inc. under Contract No. 09-5262-CZ for a lump sum amount of$12,472. Prepared by: J. Gary McAlpin, P.E., Coastal Zone Management, Natural Resources Department, Growth Management Division. Attachments: A) Atkins Peer Review proposal; B) Change Order No. 3 April 22,2013 New Business 7-b 2 of 3 Additional Work Request Change Order#3 Professional Engineering Services for Peer Review Services of Collier County Beaches for Coastal Management WO#45-141808 Contract Number 09-5262-CZ March 15, 2013 ATKINS is pleased to provide this additional scope of work for Collier County Coastal Zone Management Department.The intention of this Work Assignment is to extend the scope of the peer review of the beach nourishment design methodology prepared for the County by Coastal Planning and Engineering. In accordance with Collier County Contract Number 09-5262-CZ the following scope of work is presented herein. SCOPE OF SERVICES Task 2—Collier County Beach Design Template Peer-Review Amendment Atkins will continue to support the County on the review of the beach design template for Vanderbilt, Park Shore, and Naples Beach. Atkins will review documentation prepared by Coastal Planning and Engineering (CP&E) in support of the design process and also comments provided by Humiston & Moore. Atkins will review design drawings, calculations, modeling results and construction standards and provide a review of our findings. Atkins will prepare for, travel to and attend one (1) Board of County Commissioners Meeting to present our findings. One Atkins senior engineer will attend this meeting. Deliverables will include: 1) Detailed comparison figures showing the 2013 -6 year design template and the computed quantity of sand necessary to restore the original 2006—6 year design template(unmodified not including any inlet management projects)as well as the 10 year composite erosion rates at each monument. 2) A memorandum response to any questions generated by Humiston&Moore's review. 3) Preparation and attendance at the April 2013 Board of County Commissioner's Meeting to present Atkins findings. Budget Estimate 1 April 22, 2013 New Business 7-b 3 of 3 This work will be performed for the lump sum amount of$12,472. Work will be billed to the County on a monthly basis based on the percentage of work completed for the preceding month. Add the following task: Task 2—Collier County Beach Design Template Peer-Review Amendment $12,472 Original Amount of Work Order $33,365 Total Change Order#3 Increase $12,472 New Total Amount of Work Order .45,837 Schedule Estimate The following schedule of completion is anticipated. I. Submit draft memorandum within 30 calendar days following the Notice-to-Proceed and receipt of all comments. Assumptions 1. All existing information/documentation including, but not limited to, survey data, project permits, environmental information, previous studies, CAD drawings and volume tables, etc. will be provided to Atkins by the County/CP&E/Humiston&Moore. 2. This quote is based upon conversations with County Staff on March 8,2012. 3. No modeling analysis, design or bid documents will be generated from this peer-review, however Atkins will provide exhibits consistent with the deliverables section. 4. If comments require new analysis by Atkins, additional figures or calculations, a separate addendum will be provided to t e City for additional funds to complete the work. I If /' / March 15, 2013 Jeffrey R.Tabar Date Project Director Atkins North America, Inc. 2 April 22, 2013 New Business 7-c 1 of 24 EXECUTIVE SUMMARY Recommendation to approve six (6) Collier County Tourist Development Council Category "A" Grant Applications for Beach Park Facilities for Fiscal Year 2013/2014 in the Total Amount of$395,000 and to make the finding that the projects promotes tourism. OBJECTIVE: To obtain Collier County Tourist Development Council grant funding as recommended by the Parks &Recreation Advisory Board. CONSIDERATIONS: The following Collier County Tourist Development Council Category"A"grant applications were reviewed by the Parks and Recreation Advisory Board(PARAB)on March 20, 2013. Their recommendations are as follows: PROJECT AMOUNT PREVIOUSLY REQUESTED REQUESTED Barefoot Beach Access $10,000 0 Barefoot Beach Preserve $173,000 $230,000 Beach Park Wildlife Proof Trash and Recycling $30,000 0 Stations Clam Pass Beach Park $18,000 0 South Marco Beach Access $16,000 0 Tigertail Beach Park $1 48,000 0 TOTAL $395,000 $230,000 PROJECT DETAILS: Barefoot Beach Access: $10,000 • Replacement canvases for the roof of the five picnic pavilions-$10,000 Barefoot Beach Preserve: $173,000 • ADA compliant hand rails boardwalk#l-$10,000 • Concession Conversion-$50,000 • Re-roof Saylor Nature Trail Chickee Hut-$10,000 • Prefabricated toll booth to include restroom, transaction window, dutch doors, money drawers, exterior lighting, AC/Heat/plumbing-$75,000 • ADA Beach Access Wheelchair-53,00(} • Electronic Beach Open Full Sign-$25,000 Beach Park Wildlife Proof Trash and Recycling Stations: $30,000 • (1) Barefoot Beach Access-$2,000 • (4)Barefoot Beach Preserve-$8,000 • (2)Clam Pass Beach Park-$4,000 • (I)North Gulfshore Access-52,000 • (2)Vanderbilt Beach-54,000 • (4)Tigertail Beach-$8,000 April 22,2013 New Business 7-c 2 of 24 • (1) South Marco Access-$2,000 Clam Pass Beach Park: $18,000 • Purchase and installation of automatic entrance and exit vehicle barrier gates at the Clam Pass gatehouse-$8,000 • Purchase and install an EZ Launch for Kayaks and Canoes combined with an Accessible Transfer System for special needs paddlers-$10,000 South Marco Beach Access: $16,000 • Move location of current foot-shower, construct a new cut-away and install new Surf Splash Automatic foot shower-$16,000 Tigertail Beach Park: $148,000 • Purchase and installation of exit and entrance barrier gates at Tigertail Toll Booth-$8,000 • Redesign and resurface Tigertail gravel parking lot to increase parking opportunities-$100,000 • Engineering and permitting for phase I of the Tigertail Beach and Sand Dollar Island Wildlife Observation Tower-$25,000 • Fabrication and installation of permanent interpretive panels (6) at the Tigertail Beach Education Kiosk-$15,000 The cost of these projects will come from the TDC Category"A"Funding. FISCAL IMPACT: Funds in the amount of$395,000.00 are available for appropriation from Category "A"Tourist Taxes Fund 183. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office,requires majority vote,and is legally sufficient for TDC action.—CMG ADVISORY BOARD RECOMMENDATION: At the March 20, 2013, Parks and Recreation Advisory Board (PARAB)meeting,these grants applications were recommended for approval (approved 5 to 0). RECOMMENDATION: That the Collier County Tourist Development Council approve the above- referenced Category "A" grant applications in the amount of$395,000.00 to continue the promotion of Tourism in Collier County. Prepared by: Nancy E. Olson, Region Manager,Collier County Parks and Recreation April 22, 2013 New Business 7-c 3 of 24 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance South Marco— Relocate Foot Shower (Project Title) 1. Name and Address of Project Sponsor Organization: Collier County Parks and Recreation 15000 Livingston Road Naples,Florida 34109 2. Contact Person,Title and Phone Number: Name: Nancy Olson,Region Manager Address: 1.5000 Livingston Road City Naples ST FL ZIP 341.09 Phone: 239-252-4061 FAX 239-252-6785 Other: 239-580-9125 3. Organization's Chief Official and Title: Barry Williams,Director Collier County Parks and Recreation 4. Details of Project-Description and Location: Move location of current foot-shower at Marco South Access. Construct a new cut-away to not impede foot traffic and install new Surf Splash Automaticfoot shower. 5. Estimated project start date: September 1,2013 6. Estimated project duration: November 30,2013 7. Total TDC Tax Funds Requested: $16,000.00 8. If the full amount requested cannot be awarded,can the program/project be restructured to accommodate a smaller award? Yes ( ) No (X ) April 22, 2013 New Business 7-c 4 of 24 Collier County Tourist Development Council Category "A" Grant Application Page 2 South Marco—Relocate Foot Shower (Project Title) PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested $16,.000.00 City/Taxing District Share $ State of Florida Share $ Federal Share $ TOTAL $ 16,000.00 PROJECT EXPENSES: (Engineering,Mobilization,Contractor, Monitoring etc) Permitting $2,000.00 Cut-away materials/construction S 3,000.00 Plumbing $ 5,000.00 Foot Shower components $ 5,000.00 Install Surf Splash $1,000.00 TOTAL $ 16,000.00 I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comb! ; with anigni4elines and criteria. Signaturelof Sponsor Organization's Chief Official Date COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance Barefoot Beach Preserve Projects (Project Title) 1.. Name and Address of Project Sponsor Organization: Collier County Parks and Recreation 15000 Livingston Road Naples,Florida 34109 2. Contact Person,Title and Phone Number: Name: Nancy Olson Address: .15000 Livingston Road City Naples ST FL ZIP 34109 Phone: 239-252-4000 FAX 239-252-6785 Other: 3. Organization's Chief Official and Title: Barry Williams,Director Collier County Parks and Recreation 4. Details of Project-Description and Location: ADA compliant hand rails boardwalk#1 Barefoot Beach Preserve Concession Conversion Barefoot Beach Preserve Re-roof Saylor Nature Trail Chickee Hut Barefoot Beach Preserve Prefabricated toll booth to include restroom, transaction window, dutch doors, money drawers, exterior lighting, AC/Heat/plumbing Barefoot Beach Preserve ADA Beach Access Wheelchair.Barefoot Beach Preserve Electronic Beach Open/lull Sign Barefoot Beach Preserve 5. Estimated project start date: September 1, 2013 6. Estimated project duration: All projects completed by November 1. 2013 7. Total TDC Tax Funds Requested: $173,000.01) 8. If the full amount requested cannot be awarded,can the program/project be restructured to accommodate a smaller award? Yes (X ) No ( ) 1 Collier County Tourist Development Council Category"A" Grant Application Page 2 Barefoot Beach Preserve Projects (Project Title) PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested $ I73,000.00 Cityrf axing District Share $ State of Florida Share $ Federal Share $ TOTAL $ PROJECT EXPENSES: (Engineering, Mobilization,Contractor, Monitoring etc) AI)A compliant hand rails boardwalk#1 Bareibot Beach Preserve: $10,000.00 Concession Conversion Barefoot Beach Preserve: $50,000.00 Re-roof Saylor Nature Trail Chickee Hut Barefoot Beach Preserve: $10,000.00 Prefabricated toll booth to include restroom, transaction window, dutch doors, money drawers,exterior lighting, ACIIIeatiplumbing Barefoot Beach Preserve: $75,000.00 ADA Beach Access Wheelchair Barefoot Beach Preserve: $3,000.00 Electronic Beach Open/Full Sign Barefoot Beach Preserve: $25,000.00 TOTAL S 173,000.00 I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will co m 7v with all quid ines and criteria. Signature ‘ f Sponsor Organization's Chief Official Dat April 22,2013 New Business 7-c 8 of 24 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance Beach Parks - Wildlife Proof Trash Containers & Recycling (Project Title) 1. Name and Address of Project Sponsor Organization: Collier County Parks and Recreation 15000 Livingston Road Naples, Florida 34109 2. Contact Person,Title and Phone Number: Name: Nancy Olson, Region Manager Address: 15000 Livingston Road City Naples ST FL ZIP 34109 Phone: 239-252-4061 FAX 239-252-6785 Other: 239-580-9125 (cell) 3. Organization's Chief Official and Title: Barry Williams, Director Collier County Parks and Recreation 4. Details of Project- Description and Location: Purchase and install wildlife proof trash and recycling stations at all Collier County Beach Parks and Accesses: (1) Barefoot Beach Access, (4)Barefoot Beach Preserve, (2) Clam Pass Beach Park, (1) North Gulfshore Access, (2) Vanderbilt Beach,(4)Tigertail Beach,(1) South Marco Access 5. Estimated project start date: June 1,2013 6. Estimated project duration: August 1, 2013 7. Total TDC Tax Funds Requested: $30,000.00 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No ( X ) 1 Collier County "Irourist Development Council Category "A" Grant Application Page 2 Beach Parks-Wildlife Proof Trash Containers & Recycling (Project Title) PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested $ 30,000.00 City/Taxing District Share $ State of Florida Share $ Federal Share $ TOTAL $30,900,00 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Purchase & ship cans (15)Iii 2,000 each) $30,000.00 Installation S In-house $ S S TOTAL S 30,000.00 I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will ii comp with all guid ines and criteria. Signature t Sponsor Organization's Chief Official 6 at 7 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance Barefoot Beach Access—Recanvas Beach Pavilions (Project Title) 1. Name and Address of Project Sponsor Organization: Collier County Parks and Recreation 15000 Livingston Road Naples,Florida 34109 2. Contact Person,Title and Phone Number: Name: Nancy Olson,Region Manager Address: 15000 Livingston Road City Naples ST FL ZIP 34109 Phone: 239-252-4061 FAX 239-252-6785 Other239-580-9125 (cell) 3. Organization's Chief Official and Title: Barry Williams, Director Collier County Parks and Recreation 4. Details of Project-Description and Location: Purchase and install replacement canvases on the 5 pavilions at the Barefoot Beach Access. 5. Estimated project start date: December 1,2013 6. Estimated project duration: December 30,2013 7. Total TDC Tax Funds Requested: $10,000.00 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No (X ) Collier County Tourist Development Council Category"A" Grant Application Page 2 Barefoot Beach Access—Recanvas Beach Pavilions (Project Title) PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested $ 10,000.00 City/Taxing District Share $ State of Florida Share $ Federal Share S TOTAL $ 10,000,00 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Purchase canvas $10,000.00 $ $ $ $ TOTAL $ 10,000.00 1 have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comply with all guidelines and criteria. ..,,,%,/,.3 Signature of Sponsor Organization's Chief Official Date April 22,2013 New Business 7-c 12 of 24 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY"A" GRANT APPLICATION Beach Renourishment and Pass Maintenance Clam Pass Beach Park Projects (Project Title) 1. Name and Address of Project Sponsor Organization: Collier County Parks and Recreation 15000 Livingston Road Naples,Florida 34109 2. Contact Person,Title and Phone Number: Name: Nancy Olson,Region.Manager Address: 15000 Livingston Road City Naples ST FL 'LIP 34109 Phone: 239-252-4061 FAX 239-252-6785 Other: 239-580-9125 3. Organization's Chief Official and Title: Barry Williams,Director Collier County .Parks and Recreation 4. Details of Project- Description and Location: Purchase and installation of automatic entrance and exit vehicle barrier gates at the Clam Pass gatehouse. Purchase and install an EZ Launch for Kayaks and Canoes combined with an Accessible'Transfer System for special needs paddlers. 5. Estimated project start date: September 1,2013 6. Estimated project duration: October 30,2013 7. Total TDC Tax Funds Requested: $18,000.00 8. If the full amount requested cannot he awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No (X ) 1 Collier County Tourist Development Council Category "A" Grant Application Page 2 Clam Pass Entrance and Exit Gates (Project Title) PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested $ 18A0.00_ City/Taxing District Share $ State of Florida Share $ Federal Share $ TOTAL $ I 8.000.00 PROJECT EXPENSES: (Engineering, Mobilization,Contractor,Monitoring etc) Entrance and exist barrier gates: $8,000.00 EZ Lift Kayak Launch and Transfer station: $10,000.00 TOTAL S 18,000.00 1 have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comply i ith all guidelines and criteria. Signature of SOonsor Organization's Chief Official Date COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance Clam Pass Beach Park Projects (Project Title) 1. Name and Address of Project Sponsor Organization: Collier County Parks and Recreation 15000 Livingston Road Naples,.Florida 34109 2. Contact Person,Title and Phone Number: Name: Nancy Olson, Region Manager Address: 15000 Livingston Road City Naples ST FL ZIP 34109 Phone: 239-252-4061 FAX 239-252-6785 Other: 239-580-9125 3. Organization's Chief Official and Title: Barry Williams, Director Collier County Parks and Recreation 4. Details of Project-Description and Location: Purchase and installation of automatic entrance and exit vehicle barrier gates at the Clam Pass gatehouse. Purchase and install an EZ Launch for Kayaks and Canoes combined with an Accessible Transfer System for special needs paddlers. 5. Estimated project start date: September 1,2013. 6. Estimated project duration: October 30,2013 7. Total TDC Tax Funds Requested: S1.8,000.00 8. If the full amount requested cannot be awarded,can the program/project be restructured to accommodate a smaller award? Yes ( ) No (X ) Collier County Tourist Development Council Category "A"Grant Application Page 2 Clam Pass Entrance and Exit Gates (Project Title) PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested $ 18 Q.9t).,D0 City/Taxing District Share State of Florida Share Federal Share TOTAL $ 18.000.00 PROJECT EXPENSES: (Engineering, Mobilization,Contractor, Monitoring etc) Entrance and exist barrier gates: $8,000.00 EL Lift Kayak Launch and Transfer station: $10.000.00 TOTAL S 18,000.00 I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comp , with all guideli es and criteria. e /7/43 Signature o Sponsor Organization's Chief Official Dte COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance Tigertail—Entrance and Exit Barrier Gates (Project Title) 1. Name and Address of Project Sponsor Organization: Collier County Parks and Recreation 15000 Livingston Road Naples,Florida 34109 2. Contact Person,Title and Phone Number: Name: Nancy Olson,Region Manager Address: 15000 Livingston Road City Naples ST FL LIP 34109 Phone: 239-252-4061 FAX 239-252-6785 Other: 239-580-9125 3. Organization's Chief Official and Title: Barry Williams, Director Collier County Parks and Recreation 4. Details of Project- Description and Location: Purchase and installation of exit and entrance barrier gates at Tigertail Toll Booth: Tigertail Beach Redesign and resurface Tigertail gravel parking lot to increase parking opportunities: Tigertail Beach Engineering and permitting for phase I of the Tigertail Beach and Sand Dollar Island Wildlife Observation Tower: Tigertail Beach Fabrication and installation of permanent interpretive panels (6) at the Tigertail Beach Education Kiosk: Tigertail Beach 5. Estimated project start date: September 1,2013 6. Estimated project duration: December 30,2013. 7. Total TDC Tax Funds Requested: $148,000.00 8. If the full amount requested cannot be awarded,can the program/project be restructured to accommodate a smaller award? Yes ( ) No ( X) 1 Collier County Tourist Development Council Category"A" Grant Application Page 2 Tigertail-Entrance and Exit Barrier Gates (Project Title) PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested $148.000.00 City/Taxing District Share $ State of Florida Share $ Federal Share $ TOTAL $ 148000.00 PROJECT EXPENSES: (Engineering, Mobilization,Contractor, Monitoring etc) Purchase and install entrance and exit gates: $8,000.00 Redesign and resurface Tigertail gravel parking lot: $100,000.00 Engineering and permitting for Wildlife Observation Tower: $25,000.00 Fabrication and installation of 6 permanent interpretive panels: $15,000.00 TOTAL $ 148,000.00 I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will compl /7 with all guidelines and criteria. Signature of 'ponsor Organization's Chief Official 'Date April 22,2013 New Business 7-c 21 of 24 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance Collier County Sea Turtle Protection Program/Environmental Compliance 1. Name and Address of Project Sponsor Organization: Collier County Parks and Recreation Department North Collier Regional Park 15000 Livingston Road Naples, FL 34109 2. Contact Person,Title and Phone Number: Name: Barry Williams, Director Address: 15000 Livingston Road City: Naples, FL,34109 Phone: 239-252-4035 FAX: 239-514-8657 Other: 239-280-7035 3. Organization's Chief Official and Title: Barry Williams, Director Collier County Parks and Recreation Department 4. Details of Project-Description and Location: The following activities require coastal construction permits from the State of Florida and thus a sea turtle monitoring program. -1. Beach nourishment; 2. Construction, excavation or maintenance of coastal inlet and related shoals; 3. Beach cleaning and grooming activities landward of the mean high-water line. 4. Beach cleaning following a red tide or storm event. The following excerpts from current regulations (Chapter 16B-41 Rules and Procedures for Application for Coastal Construction Permits, Florida Administrative Code), provides for the scope of the permitting process and protection of marine turtles as it relates to the aforementioned activities. 16B-41.001 Scope This chapter provides the requirements and procedures for the issuance, denial, transfer, renewal, modification, suspension and revocation of coastal construction permits. In this Chapter Coastal Construction is defined as "any work or activity on or encroaching upon April 22, 2013 New Business 7-c 22 of 24 sovereignty lands of Florida, below the mean high-water line of any tida water of the state, which is likely to have a material physical effect on existing coastal conditions or natural shore and inlet processes." |6B-4).O055 Protection of Marine Turtles (Florida Administrative Code) (1) In keeping with the Departments Authority to protect marine turtles pursuant to Section 370.12,Florida Statutes, any application for a permit under this Chapter for coastal construction that affects marine turtles shall be subject to the conditions and requirements for marine turtle protection as part of the permitting process. (2) The Department shall require appropriate measures to protect marine turtles and their habitat, such as: nest surveys, nest relocation,nest marking, modification of coastal construction, measures to reduce sand compaction, and short and long term monitoring to assess the impacts of the permitted coastal construction on marine turtles and their habitat. The Parks and Recreation Department, marine turtle permit holders for Collier County, monitor the following beaches for sea turtle activities as State and federal permit requirements for beach renourishment.beach raking, allowance for the use of vehicles on the beach for surveys, beach cleanup following a red tide or storm event and special cvcutn . Barefoot Beach: construction, excavation or maintenance of Wiggins Pass (only that area included within the area of influence of Wig 'uu Pass; 1 mile north of Pass south to Wiggins Pass); disposal location (renourishment); beach cleaning following ' ' � a storm event and red tide Vanderbilt Beach: beach nourishment; construction, excavation or maintenance of a ` coastal inlet and related shoals(Wi ' s Pass and Clam Pass); beach cleaning and grooming activities landward of the mean high-water line. Park beach nourishment; excavation nrmn��oteuanoeofacoastal ` construction, iolc{snd related shoals (C�uml�a ��V��. �ix��mdicmpe�m� s�diou oarcqobrdby the Stat ` ' Upland City of Naples: beach nourishment; construction. excavation or maintenance of a coastal inlet and related shoals (Doctors Pass and Gordon Pass) City of Marco Island: construction,excavation or maintenance of a coastal inlet and related shoals (Big Marco Pass and Caxambas Pass); Beach nourishment; Hideaway Beach T-Groin; beach cleaning and grooming activities landward of the mean high-water line. The duties and associated costs of the program are as follows: 1. Administrative/permitting 2. Reconnaissance and beach zoning including installation and maintenance of.DNR location reference monuments for CZM and Sheriff department 500 feet increments along 26 miles of beach 3. i)aily monitoring(7 days/wk./beach-April 01-May 01 depending on renourishment schedules through Oct.31) 4. Evaluation,mapping and data entry April 22,2013 New Business 7-c 23 of 24 5. Responding to sea turtle disorientations (associated with renourishment and beach profile, as required by the State) 8. Reports (Sea Turtle Protection Plan- Annual Report; special reports per each beach nourishment and T-groin units, Index Nesting Beach Reports(Vanderbilt); State Productivity Reports, Beach Compaction Reports) 9. Mobilization/demobilization- 10. Vehicle maintenance- ATV's , penetrometers, data loggers 11. Supplies-acquisition, maintenance, inventory 12. Sand studies including beach compaction, sand temperature and ground/surface water studies and associated reporting requirements 13. Dune vegetation monitoring and exotic removal 14. Nest relocation in construction areas 15. Monitoring and reporting of escarpments 16. Additional studies required as required State/Federal permits (Florida Statute Chapter.161-053 F.A.C. Chapter 62b-33) 17. Stranding reports and removal of injured, sick and dead sea turtles from all County beaches(average 50-100/yr). 18 Public awareness- news media and public speaking upon request. 19. State mandated beach lighting compliance inspections and ibllow-up 21. Assist with maintaining rope and posting along the dunes 22. Other duties as requested by CZM Department 23. Provide technical assistance and respond to data requests from coastal engineering consultants upon request. The purpose of this application is to obtain funds to perform the requirements of a sea turtle protection program in the specified locations. 5. Estimated project start date: October 1, 2013 6. Estimated project duration: One (1) year 7. Total TDC Tax Funds Requested: S 160,000 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No ( X ) 1 Collier County Tourist Development Council Category "A" Grant Application Page 2 Collier County Sea Turtle Protection Program/Environmental Compliance PROJECT BUDGET PROGRAM ELEMENT AMOUNT TDC Funds Requested $ 160,000 City/Taxing District Share $ State of Florida Share $ Federal Share $ TOTAL $ 160.000 PROJECT EXPENSES: (Engineering, Mobilization, Contractor, Monitoring etc) Personnel and Operating S 160,000 TOTAL S 160,000 1 have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will co if,y with all gifi elines and criteria. it/i/ ei ////,' (///7/9,/ Signatur )of Sponsor Organization's Chief Official D:te , April 22, 2013 New Business 7-e 1 of 68 EXECUTIVE SUMMARY Recommendation to award Bid No. 13-6023 to Stultz Construction, Inc. in the amount of $205,585.00 for the construction contract of the Tigertail Beach New Restroom Facility Project No. 90093, make a finding that this project promotes tourism, and authorize the Chairwoman to execute the standard contract after County Attorney approval. OBJECTIVE: To award Bid No. 13-6023 to Stultz Construction, Inc. for the construction of the Tigertail Beach New Restroom Facility Project in the amount of$205,585.00. CONSIDERATION: The Tigertail Beach park facility is a popular recreational attraction for local citizens throughout Collier County and is frequently visited each year by many returning tourists. The primary restroom facility is located at the main entrance of the park and many visitors find it difficult accessing the restroom facility within the park. However, the new restroom facility will be conveniently located on site where visitors will have easy access from any direction. On January 28, 2013, bids were posted in the lobby of the Purchasing Department with 1,385 vendors being notified and 101 bidders electronically downloaded plans. On February 28, 2013, seven (7) bids were received by the deadline for the construction of the Tigertail Beach New Restroom Facility Project Bid #13-6023. Staff evaluated the bids received and determined that Stultz Construction, Inc. is the lowest, qualified and responsive bidder for the award of Bid #13- 6023. The results of the recommended bidder is 21.6% lower than the engineer's projected construction cost due to conservative competitive bidding. The scope of work associated with the award of this bid will include the construction of a new concrete-block non-combustible unisex public restroom facility with ADA accessibility. The bid tabulation is as follows: Bid Tabulation 1.Taylor Pansing, Inc. $389,630.00 2. DeAngelis Diamond $278,700.00 3. Compass Construction $258,489.00 4. Copeland construction Group, Inc. $252,000.00 5. Surety Construction Company $245,000.00 6. Heatherwood Construction Company $224,821.00 7. Stultz $205,585.00 FISCAL IMPACT: Funds in the amount of$205,585.00 are available in Fund 183 (Tigertail Beach Restroom & Dune Walkover Project #90093). Source of funds is Tourist Development Tax. GROWTH MANAGEMENT IMPACT: This project is consistent with the Growth Management Plan Objective 1.1 Policy 1.1.5 (Continue to correct or improve existing parks and recreation facilities deficiencies which are necessary in order to meet the level of service standards). i April 22, 2013 New Business 7-e 2 of 68 ADVISORY COMMITTEE RECOMMENDATIONS: The Park & Recreations Advisory Board (PARAB) approved this item in concept on June 20, 2012 by a unanimous vote of 5 to 0. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires majority vote, and is legally sufficient for Board action.—CMG RECOMMENDATION: Recommendation to award Bid No. 13-6023 to Stultz Construction, Inc. in the amount of $205,585.00 for the construction contract of the Tigertail Beach New Restroom Facility Project No. 90093, make a finding that this project promotes tourism, and authorize the Chairwoman to execute the standard contract after County Attorney approval. Prepared by: Gary McAlpin, P.E., CZM Section Manager,Natural Resource Department Attachments: A) 13-6023 Bid Tabulation; B) 13-6023 Contract , r7 • > \ )$§ a&% & §o \ o � � § § �$ � E ƒf ƒ ƒ ƒN ƒ ƒ ƒ ƒ ® #S o0 e & IP 0 } � $ § 6 2 § \0A \ \ A > —>— ƒ ƒ o ; � ® _ - 0 q o S #\ k §/& ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒM§ / 6rk _ _ a. a 0« q. � k k ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ \ 40 0 . o ° % o / _ \ � f ) gr I / ƒƒ ƒ/ ƒ ƒ ƒ ƒ ƒ $ 0 § ® ® f 0) 0 CO S-0 \.� .\ ) k ƒ$ � #Q f� E / ƒ ƒ ƒ ƒ ƒ ƒ ƒ \ Qa 0$/ z o S s CO Cr) kB co to En En n N. 28a ■ \k ff / / f » » > /0 - # \. : -J � �. CD Cti_ & - oO c 'Cr) •_) x • ƒ/� � _ C .2 - ) ® � a � t ) , o' 0. . // § § .0./ 0. o.} } } fie § ` & &� \ . � \ el _ CC < ) k\ ) #« ƒ \ d \ \ 2 _ / , I ) c3 �-7 { 7 0 � Ib ) _ § § § \ j \ / - \ \ § 72b/ \ - _ a ® a) •-• « 2 ) 2 ($ k � { « / ) � $ #= kc ] = 0 2 0 = 2ff - ¥ E _ , � 2 £ 3 eE) / E£ 1- £ ) / ( ± ula O /jj ) ,_ N z April 22, 2013 New Business 7-e 4 of 68 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Stultz, Inc. ("Contractor") of 5276 Summerlin Commons Way, Suite 701, Fort Myers, FL 33907, a Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with Tigertail Beach New Restroom Facility, Bid No. 13-6023 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Victor J. Latavish, the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: Two Hundred Five Thousand Five Hundred Eighty-five Dollars ($205,585.00) Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be 29 Construction Services Agreement:Revised 01/01/2013 April 22, 2013 New Business 7-e 5 of 68 underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.gov/c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within one hundred fifty (150) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within thirty (30) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, Three Hundred fifty- five dollars and forty cents ($355.40) for each calendar day thereafter until 30 Construction Services Agreement:Revised 01/01/2013 April 22, 2013 New Business 7-e 6 of 68 Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and 31 Construction Services Agreement:Revised 01/01/2013 Cq April 22, 2013 New Business 7-e 7 of 68 accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Standard Details (if applicable) Exhibit M: Plans and Specifications prepared by Victor Latavish, AIA and identified as follows: Tigertail Beach New Restroom Facility as shown on Plan Sheets 1 through 19. Exhibit N: Contractor's List of Key Personnel Bid 13-6023 Bid document, Specifications, Plans, and any Addenda Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Clint Perryman Collier County Coastal Zone Management Department 2800 Horseshoe Drive North Naples, FL 34104 Tel: 2391252-4245 Fax: 239/25212956 32 Construction Services Agreement:Revised 01/01/2013 April 22,2013 New Business 7-e 8 of 68 Email: ClintonPerryman @colliergov.net B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: Stultz Inc. Attn: John M. Stultz, President 5276 Summerlin Commons Way; Suite 701 Fort Myers, FL 33907 Tel: 239/590-3033 Fax: 239/590-3063 Email:john.stultz @stultzinc.com C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "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 on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids 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 in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. 33 Construction Services Agreement:Revised 01/01/2013 April 22,2013 New Business 7-e 9 of 68 Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence • In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the 34 Construction Services Agreement:Revised 01/01/2013 �'9 April 22,2013 New Business 7-e 10 of 68 Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. • 35 Construction Services Agreement:Revised 01/01/2013 April 22, 2013 New Business 7-e 11 of 68 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO WITNESSES: 46 By: FIRST WITNESS Type/Print Name and Title Type/Print Name SECOND WITNESS Type/Print Name Date: OWNER: ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA Dwight E. Brock, Clerk BY: BY: Georgia A. Hiller, Esq. Chairwoman Approved As To Form and Legal Sufficiency: Print Name: Assistant County Attorney 36 Construction Services Agreement:Revised 01/01/2013 CA April 22, 2013 New Business 7-e 12 of 68 EXHIBIT A 1: PUBLIC PAYMENT BOND Tigertail Beach New Restroom Facility Bond No. Contract No. 13-6023 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Obligee in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns,jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20 , the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. 37 Construction Services Agreement:Revised 01/01/2013 April 22,2013 New Business 7-e 13 of 68 Signed, sealed and delivered in the presence of: PRINCIPAL BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by , as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) 38 Construction Services Agreement:Revised 01/01/2013 i April 22, 2013 New Business 7-e 14 of 68 OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by as of Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 39 Construction Services Agreement:Revised 01/01/2013 April 22, 2013 New Business 7-e 15 of 68 EXHIBIT A 2: PUBLIC PERFORMANCE BOND Tigertail Beach New Restroom Facility Bond No. Contract No. 13-6023 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and as Surety, located at (Business Address) are held and firmly bound to , as Obligee in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns,jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of , 20 , with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. 40 Construction Services Agreement:Revised 01/01/2013 April 22,2013 New Business 7-e 16 of 68 In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 41 Construction Services Agreement:Revised 01/01/2013 April 22,2013 New Business 7-e 17 of 68 ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 , by , as of , a Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not)take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 42 Construction Services Agreement:Revised 01/01/2013 April 22,2013 New Business 7-e 18 of 68 EXHIBIT B: INSURANCE REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, 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. The • Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify For any and all work performed on behalf of Collier County",or,the specific solicitation number and title. The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida,as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Col Iler County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor 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 Vendor's sole responsibility. Coverages shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitations whichever is longer. The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage al and charge the Vendor for such coverage(,purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this 42 Construction Services Agreement:Revised 01/01/2013 • April 22, 2013 New Business 7-e 19 of 68 Agreement or any other agreement between the County and Vendor. The County shall be under rio obligation to purchase such insurance, nor shall it be responsible for the coverage(s,ls purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. • 43 Construction Services Agreement Revised 01/01/2013 April 22, 2013 New Business 7-e 20 of 68 Collier County Florida Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. ®Worker's Statutory Limits of Florida Statutes,Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ®Employer's Liability $1,000,000.00 single limit per occurrence 3. ®Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $1,000,000 per occurrence,$2,000,000 aggregate for Bodily Injury Liability ISO form and Property Damage Liability. This shall Include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. © 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. 4. ®Automobile Liability $ 1,000,000 Each Occurrence;Bodily Injury&Property Damage, Owned/Non-owned/Hired;Automobile Included 5. ❑ Other insurance as ❑Watercraft $ Per Occurrence noted: ❑United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Maritime Coverage(Jones Act)shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑Project Professional Liability $ Per Occurrence 44 Construction Services Agreement:Revised 01/01/2013 April 22, 2013 New Business 7-e 21 of 68 ❑Valuable Papers Insurance $ Per Occurrence 6. ®Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers'check or an irrevocable letter of credit,a cash bond posted with the County Clerk,or proposal bond in a sum equal to 5%of the cost proposal.All checks shall be made payable to the Collier County Board of County • Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ®Performance and For projects in excess of$200,000,bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award,and written for 100%of the Contract award amount,the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner;provided,however,the surety shall be rated as"A-"or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5%of the reported policy holders'surplus,all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc.of 75 Fulton Street, New York,New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED"on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County,OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number,or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty(30) Days Cancellation Notice required. Vendor's Insurance 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 this solicitation. Name of Firm STULTZ INC. ^ Date 2/28/2013 • Vendor Signature Print Name JEF STULTZ V.P. Insurance Agency STEWART & SONS INSURANCE Agent Name MARK STICHTER Telephone Number 239-590-3033 45 Construction Services Agreement:Revised 01/01/2013 April 22, 2013 New Business 7-e 22 of 68 EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn,deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men,successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated , 20 for the period from to , excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by , as of , a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not)take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: 47 Construction Services Agreement:Revised 01/01/2013 April 22,2013 New Business 7-e 23 of 68 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No. (County Department) Project No. Collier County Board of County Commissioners(the OWNER)or Purchase Order No. Collier County Water-Sewer District(the OWNER) Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Original Contract Price: $ Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed Retainage @ 10% thru[insert date] $ and stored to Date $ Retainage @ %after [insert date] $ = Less Retainage $ Total Earned Less Retainage $ Less previous payment(s) $ Percent Work completed to Date: % AMOUNT DUE THIS Percent Contract Time completed to Date % APPLICATION: $ Liquidated Damages to be Accrued $ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1)all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2)title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens,claims, security interests and encumbrances(except such as covered by Bond acceptable to OWNER); (3)all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4)CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name&Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional: (DP's'Name) (Signature) DATE: (Type Name&Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) 48 Construction Services Agreement:Revised 01/01/2013 April 22,2013 New Business 7-e 24 of 68 . - - - % � - - - - - - - - - � - - -0 - - - �§ «• � - § G 1-, - s$ V 1- 1.- / ] 0 fn k > $ |� , ) t E Ce s! � a \� / � � } bin . §§ zA & A . 2 m / ±. j .�f 2 § ce a § 1) S @w , /� 7k k k 2 • � k �2 / / O t• k2 ¥) " z )§ . 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P. cek ■ . 2 � e > • < 2 ' ƒ m- k if Co k U, j n. \ cu Q_ .0 LU as c April 22, 2013 New Business 7-e 26 of 68 EXHIBIT E: CHANGE ORDER TO: FROM: Collier County Government Project Name: Construction Agreement Dated: Bid No. : Change Order No.: Date: Change Order Description Original Agreement Amount $ Sum of previous Change Orders Amount $ This Change Order Amount $ Revised Agreement Amount $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days • Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Date: Project Manager Recommended by: Date: Design Professional Accepted by: Date: Contractor Approved by: Date: Department Director Approved by: Date: Division Administrator Approved by: Date: Purchasing Department Authorized by Date: Director (For use by Owner: Fund Cost Center: Object Code: Project Number: 51 Construction Services Agreement:Revised 01/01/2013 April 22, 2013 New Business 7-e 27 of 68 April 22,2013 New Business 7-e 28 of 68 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: 53 Construction Services Agreement:Revised 01/01/2013 April 22, 2013 New Business 7-e 29 of 68 RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on , 20 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 20 OWNER By: Type Name and Title 54 Construction Services Agreement:Revised 01/01/2013 April 22, 2013 New Business 7-e 30 of 68 EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No,: Project No.: Date: , 20 Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner(attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted(fist manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name&Title) By Design Professional: (Firm Name) (Signature) (Typed Name&Title) By Owner: (Department Name) (Signature) (Name&Title) 55 Construction Services Agreement:Revised 01/01/2013 April 22,2013 New Business 7-e 31 of 68 EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; 56 Construction Services Agreement:Revised 01/01/2013 April 22, 2013 New Business 7-e 32 of 68 availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 57 Construction Services Agreement:Revised 01/01/2013 April 22, 2013 New Business 7-e 33 of 68 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 6:00 p.m., Monday through Friday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 58 Construction Services Agreement:Revised 01/01/2013 April 22, 2013 New Business 7-e 34 of 68 4.3 Contractor shall submit all Applications for Payment to Victor J Latavish, AIA, located at 4100 Corporate Square; Suite 100; Naples, FL 34104. 4.4 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.5 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held throughout the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50%) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's Purchasing Policy. 59 Construction Services Agreement:Revised 01/01/2013 April 22, 2013 New Business 7-e 35 of 68 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of"/aches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent 60 Construction Services Agreement:Revised 01/01/2013 April 22,2013 New Business 7-e 36 of 68 inspections that reveal non-compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its 61 Construction Services Agreement:Revised 01/01/2013 April 22, 2013 New Business 7-e 37 of 68 final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a 62 Construction Services Agreement:Revised 01/01/2013 April 22, 2013 New Business 7-e 38 of 68 substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, AS-BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub-Contractor's personnel; 8.1.4 The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 63 Construction Services Agreement Revised 01/01/2013 April 22, 2013 New Business 7-e 39 of 68 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner, 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 64 Construction Services Agreement:Revised 01/01/2013 April 22,2013 New Business 7-e 40 of 68 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time 65 Construction Services Agreement:Revised 01/01/2013 April 22, 2013 New Business 7-e 41 of 68 shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub-Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and 66 Construction Services Agreement:Revised 01/01/2013 April 22, 2013 New Business 7-e 42 of 68 Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight(48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the • Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work, If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required, forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or after their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such 67 Construction Services Agreement:Revised 01/01/2013 April 22, 2013 New Business 7-e 43 of 68 work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 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 Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14, COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the 68 Construction Services Agreement:Revised 01/01/2013 April 22,2013 New Business 7-e 44 of 68 extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging 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 Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the BidderNendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's / vendor's proposal may be deemed non-responsive. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the "Exceptions to the program' clause above. For additional information regarding the Employment Eligibility Verification System (E- Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. 69 Construction Services Agreement:Revised 01/01/2013 April 22, 2013 New Business 7-e 45 of 68 Vendor 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 and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 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. 70 Construction Services Agreement:Revised 01/01/2013 April 22, 2013 New Business 7-e 46 of 68 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or(8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 71 Construction Services Agreement:Revised 01/01/2013 April 22, 2013 New Business 7-e 47 of 68 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the 72 Construction Services Agreement:Revised 01/01/2013 April 22, 2013 New Business 7-e 48 of 68 procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefor. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its 73 Construction Services Agreement:Revised 01/01/2013 April 22,2013 New Business 7-e 49 of 68 recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 -If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, 74 Construction Services Agreement:Revised 01/01/2013 April 22,2013 New Business 7-e 50 of 68 tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non- defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, 75 Construction Services Agreement:Revised 01/01/2013 April 22,2013 New Business 7-e 51 of 68 exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and 78 Construction Services Agreement:Revised 01/01/2013 April 22,2013 New Business 7-e 52 of 68 consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 77 Construction Services Agreement:Revised 01/01/2013 April 22,2013 New Business 7-e 53 of 68 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 78 Construction Services Agreement:Revised 01/01/2013 April 22, 2013 New Business 7-e 54 of 68 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees„), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 79 Construction Services Agreement;Revised 01/01/2013 April 22,2013 New Business 7-e 55 of 68 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 80 Construction Services Agreement:Revised 01/01/2013 April 22, 2013 New Business 7-e 56 of 68 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Purchasing Departments, and is available on-line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 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. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within 81 Construction Services Agreement:Revised 01/01/2013 April 22,2013 New Business 7-e 57 of 68 and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such 82 Construction Services Agreement:Revised 01/01/2013 April 22, 2013 New Business 7-e 58 of 68 work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub-subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 83 Construction Services Agreement:Revised 01/01/2013 April 22,2013 New Business 7-e 59 of 68 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing SubmittaVApproval Logs 34.1.4 Equipment Purchase/Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost-Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 .Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As-Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 84 Construction Services Agreement:Revised 01/01/2013 April 22, 2013 New Business 7-e 60 of 68 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 'Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. If required, Vendor/Contractor/ Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4) years. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement 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. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be 85 Construction Services Agreement:Revised 01/01/2013 April 22, 2013 New Business 7-e 61 of 68 limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND/UNDERGROUND TANKS. An underground 62-761, Florida Administrative Code (F.A,C.) or aboveground 62-762, F.A.C. regulated tank requires notification to the 'County' prior to installation or closure of the tank. The Pollution Control Department (239-252-2502), via contract GC-690 with the Florida Department of Environmental Protection (FDEP), is the County (local program) for the purposes of these rules. Regulated tanks require notification to the 'county'local program thirty (30) days prior to installation and again forty-eight (48) hours prior to commencement of the installation. Closure activities require a ten (10) day notification and then a forty-eight (48) hour notification prior to commencement. The notification is to allow for scheduling of the inspections pertaining to the installation/closure activities. A series of inspections will be scheduled based upon system design after discussing the project with the contractor/project manager. Specifics on applicability, exemptions, and requirements for regulated pollutant storage tank systems can be found in 62-761, F.A.C. and 62-762, F.A.C. or you may contact the Pollution Control Department with your questions. Please note that equipment must be listed on the FDEP approved equipment list and will be verified at inspection along with installation and testing procedures. The approved equipment list is constantly updated and can be found at the FDEP Storage Tank Regulation website along with rules, forms and other applicable information. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. 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 disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER 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 resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator 66 Construction Services Agreement:Revised 01/01/2013 April 22, 2013 New Business 7-e 62 of 68 certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'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 Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement 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. 87 Construction Services Agreement:Revised 01/01/2013 April 22,2013 New Business 7-e 63 of 68 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS Supporting documents found at: http://bid.colliergov.net/bid/ and titled: N/A 88 Construction Services Agreement:Revised 01/01/2013 April 22, 2013 New Business 7-e 64 of 68 EXHIBIT J: TECHNICAL SPECIFICATIONS Supporting documents found at: http://bid.colliergov.net/bid/ and titled: Exhibit J 89 Construction Services Agreement:Revised 01/01/2013 April 22,2013 New Business 7-e 65 of 68 EXHIBIT K: PERMITS Supporting documents found at: http://bid.colliergov.net/bid/ and titled: N/A 90 Construction Services Agreement Revised 01/01/2013 April 22,2013 New Business 7-e 66 of 68 EXHIBIT L: STANDARD DETAILS Supporting documents found at: http://bid.colliergov,net/bid/ and titled: Exhibit L 91 Construction Services Agreement:Revised 01/01/2013 April 22,2013 New Business 7-e 67 of 68 EXHIBIT M: PLANS AND SPECIFICATIONS Supporting documents found at: http://bid.colliergov.net/bid/ and titled: Exhibit M 92 Construction Services Agreement:Revised 01/01/2013 April 22,2013 New Business 7-e 68 of 68 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Personnel Category Construction Superintendent Project Manager 93 Construction Services Agreement:Revised 01/01/2013 April 22,2013 Old Business 8-a 1 of 13 Good Morning TDC members: At the TDC meeting on Monday, March 25, 2013,the TDC recommended approval for required repairs to the Clam Pass drawbridge in the amount of$115,000(Item 7-g). At the meeting Commissioner Henning inquired regarding the lease between the County and the Waldorf Astoria and each party's obligation for maintenance and repair of the boardwalk. Attached is a copy of the lease dated October 23,2007 between the County and the Naples Grande (now the Waldorf Astoria). Article 13, Facilities, provides in relevant part: "The County owns the parking lot,the gatehouse,the Boardwalk, and the Beach Facilities. The County shall operate and maintain,at its cost,the parking lot,the gatehouse,and the boardwalk, and any future facilities,and shall be responsible for repairs, maintenance and capital improvements at the Beach Facilities." The 1983 Facilities Agreement is consistent with the 2007 lease, and provides: The County shall also operate and maintain any Boardwalk that the County may construct. Based on the information provided in the 1983 Facilities Agreement and the 2007 Lease, it has been the County's responsibility to maintain the Boardwalk from the beginning. Thank you. Colleen M. Greene Assistant County Attorney (239)252-8400 Fax (239)252-6300 t;ndet Honda i aw.a-ma I addresses are pubic records If you an not want you e-ma.:address reeased in esrodse tc.a oaks records re:,uex,?,:s no sena eiecttonit mtii to thus,enf ty.Instead contact tins:rff;re by te:eptnone r st Mn':g. i c� April 22, C{JUSTY AS LESSOR Lease# Old Bus e ya 2 of 13 LEASE AGREEMENT THIS LEASE AGREEMENT entered into this 4R2' day of 04-4,01041-2007,between LeHill Partners LLC, whose mailing address is 475 Seagate Drive,Naples FL 34103,hereinafter referred to as"LESSEE",and COLLIER COUNTY,a political subdivision of the State of Florida,whose mailing address is 3301 East Tamiami Trail,Naples, Florida 34112,hereinafter referred to as"LESSOR". WITNESSETH THE PARTIES AGREE AS FOLLOWS: ARTICLE 1. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property described in Exhibit "A" OR(located at Clam Pass Park) which is attached hereto and made a part of this Lease,hereinafter called the "Demised Premises",situated in Collier County,Florida,for the following purpose(s): ARTICLE 2 Term of Lease eke/ LESUTiball have and hold the Demised Premise for a term of ten(10)year(s),commencing on 4:73 ,2007 and ending ,2017. LESSEE is granted the option,provided it is not then in default of any of the provisions of this Lease, to renew same for two additional term of five(5)year(s)each,under the same terms and conditions,as provided herein, except as to the rental amount, as provided herein, by delivering_written notice of LESSEE'S unconditional intention to do so to the LESSOR not less than thirty(30)days prior to the expiration of the leasehold estate hereby created.Said notice shall be effective upon actual receipt by the County. LESSOR, however, reserves the right to terminate this Lease, with or without cause, upon sixty(60) days prior written notice of such termination to LESSEE at the address set forth in ARTICLE 13 of this Lease. Said notice shall be effective upon actual receipt by LESSEE. Should LESSOR exercise the aforementioned option to terminate this LEASE,LESSOR shall reimburse LESSEE for LESSEE's capital expenditures set forth in ARTICLE 4 according to the following schedule:If said termination occurs during the first twelve(12)months of the LEASE LESSOR shall reimburse LESSEE all monies spent,due,owed,or committed,whether invoiced or not,through the effective date of the termination. If said termination occurs during the thirteenth(13th) through the twenty-fourth(24th)month of the LEASE,LESSOR shall reimburse LESSEE fifty(50%)percent of all monies spent,due,owed or committed,whether invoiced or not,through the effective date of the termination.Should LESSOR terminate the LEASE at anytime in the twenty-fifth(25th)month or thereafter,the LESSOR shall have no reimbursement obligation to the LESSEE. In addition,LESSEE covenants and agrees not to use,occupy,suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose that is contrary to law or rules or regulations of any public authority having jurisdiction over the Leased Premises. ARTICLE 3 Rent LESSOR agrees to Lease the Demised Premises to the LESSEE without cost to the LESSEE. ARTICLE 4. Other Expenses,Charges and Considerations LESSEE shall pay all costs associated with the Demised Premises including and not limited to,janitorial services and any and all utility charges. Utility charges shall include and not be limited to electricity,light,heat,air conditioning, power, water, sewer and telephone or other communication services, used, rendered or supplied thereupon or in connection with the Demised Premises. (A) The Lessee shall,at its expense,but not to exceed two-hundred thousand dollars($200,000)fund capital improvements of the concession facilities.The Lessee shall obtain any and all permits necessary for the construction at its sole cost and expense.Lessee shall design the plans for the capital improvements and submit same to Director of Parks for approval,and said approval shall not be unreasonably withheld.See article 5. (B) Lessee shall operate a tram service consisting of a number of electric power vehicles, with appropriate seating for beach goers, between the public parking area, the Naples Grande Resort and the Beach Facilities.A minimum of two(2)trams shall be operated at all times from May 1 through October 31,and a minimum of three(3)trams shall be operated at all times form November 1 through April 30.In no case (except for unforeseen mechanical failures)shall the time between available trams at the public parking area exceed fifteen(15)minutes. The trams will be operated during periods when the Park is open and shall be of sufficient number to provide convenient transportation for the public and hotel guests.The first point of passenger pick up shall alternate between the hotel and the public parking area.In addition,when the 2i1 boardwalk is constructed the Hotel will provide tram service on this boardwalk with the same service levels as the original boardwalk.The Lessee shall have no responsibility or obligation with regard Aril 22„2013 to the construction,operation,and maintenance of any subsequent boardwalk beyond }b jgAsq%Af the • effective date herein. The tram drivers shall be uniformed neatly and cleanly in unifoIIas provided by the Lessee.The tram drivers shall wear insignia approved by the Director of Parks and Recreation identifying them as representatives of the Collier County Parks and Recreation Department. (C) The Lessee shall be responsible to lease, purchase, maintain, clean, charge and service the trams as required and subject to the County's recommendations. (D) Business of Lessee may conduct the following kinds of business and provide the following services: 1. Food and Beverage sales. The sale of food and beverages from permanent designated locations or mobile pushcarts in accordance with the provisions of this agreement. 2. Alcohol sales will be permitted on the inside seated area and the outside deck area and will not be permitted on the beach except for private party events as permitted in Article 16 herein, and said events shall be restricted to occurring in the area bounded by the mangroves on the east to the water line on the west and from the northern beach access ramp connecting the concession deck and the beach and proceeding one-thousand feet north See Article 16 herein. Lessee shall remit 12% of gross sales of all alcoholic beverages, excluding private party events,will be paid directly to Collier County Parks and Recreation Department each month with a statement showing gross sales for the period and shall be received without any taxes due.Payments will be due by the 20t'of the following month.; any payment received late may be subject to a$100 per day charge. 3. Beach Equipment Rentals and Sales. The rental by hour/half day/full day of beach equipment such as chairs, cabanas, towels, umbrellas, rafts, or other equipment and flotation devices and the sale of beach sundries in accordance with the provisions of this Agreement. Kayak and Canoe rentals to Collier County Residents showing proof of residency will be charged$25.00 for 3 hours(half day)or$50.00 for 6 hours(full day). 4. Water Recreational Equipment Sales.The rental or lease of special recreational equipment on the beach including, but not limited to, surfboards, windsailers, catamarans, in accordance with the provisions of this Agreement. Any special recreational equipment or activity to be promoted,rented or sold by the Lessee is subject to Lessee's ability to acquire the required insurance and the approval of the Director of Parks and Recreation, said approval shall not unreasonably be withheld.The Lessee must have a motorized chase boat or jet ski, in good running condition during all hours of operation which meets all U.S. Coast Guard safety requirements. 5. The Concession Agreement may be amended to authorize the Lessee to expand the services provided. ARTICLE 5. Modifications to Demised Premises Prior to making any changes,alterations,additions or improvements to the Demised Premises,LESSEE must provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S written approval,specifying in writing and in meaningful detail,the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project.LESSOR or its designee will then have sixty(60)days within which to approve or deny in writing said request for changes,improvements,alterations or additions.LESSOR shall not unreasonably withhold its consent to required or appropriate alterations,improvements,changes or additions proposed by LESSEE..If after sixty(60)days there has been no response from LESSOR or its designee to said proposals or plans,then such silence shall be deemed li as a DENIAL to such request to LESSEE. LESSEE covenants and agrees in connections with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinance, rules, regulations, and requirements of the United Sates of America,State of Florida,County of Collier,and any and all other governmental agencies;however nothing contained herein shall be construed as the LESSEE covenanting or warranting the work of third-party contractors retained to do any of the aforementioned work. All alterations,improvements and additions to said Demised Premises shall at once,when made or installed,be deemed as attached to the freehold and to have become property of LESSOR. ARTICLE 6. Access to Demised Premises LESSOR,its duly authorized agents,representatives and employees,shall have the right after reasonable oral notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining and for the purposes of inspection for compliance with provisions of this Lease Agreement. ARTICLE 7. Assignment and Subletting LESSEE shall not assign this Lease or attempt to sublet the whole or any part of the Demised Premises,or permit any other person(s) to occupy same without the expressed prior written consent of LESSOR except to the 2 • April 22,2013 exxent that the LESSEE has the express right to assign this agreement to any entity which acquireddlifiiTg.I g*rest - ih the adjoining hotel, and said entity expressly agrees to assume LESSEE's interests and 4o7Cligations in this agreement.. ARTICLE 8. Indemnity In consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, LESSEE shall indemnify,defend and hold harmless LESSOR,its agents and employees from and against any and all liability(statutory or otherwise),damages,claims,suits,demands,judgments,costs,interest and expenses(including but no limited to attorneys'fees and disbursements both at trial and all appellate levels)arising,directly or indirectly, from any injury to,or death of,any person or persons or damage to property(including loss of use thereof)related to (A)LESSEE'S use of the Demised Premises,(B)any work or thing whatsoever done,or any condition created(other than by LESSOR,its employees,agents or contractors)by or on behalf of LESSEE in or about the Demised Premises, (C) any condition of the Demised Premises due to or resulting from any default by LESSEE in the performance of LESSEES obligations under this Lease or otherwise,or(D)any act,omission or negligence of LESSEE or its agents, contractors,employees,subtenants,licensees or invitees.In case any action or proceeding is brought against LESSOR by reason of any one or more thereof,LESSEE shall pay all costs, attorneys'fees,expenses and liabilities resulting therefrom and shall defend such action or proceeding if LESSOR shall so request,at LESSEE'S expense,by counsel reasonably satisfactory to LESSOR. LESSOR shall be liable for any injury or damage to person or property caused by the elements, or from the street or sub-surface, from their agents, or from any other place, or for any unreasonable interference caused by operations by or for a governmental authority in construction of any public or quasi-public works or otherwise LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft, any property, occurring on the Demised Premises or any part thereof,and the LESSEE agrees to hold the LESSOR harmless from any claims for damages, except where such damage or injury is the result of the negligence or misconduct of the LESSOR or its employees. ARTICLE 9.Insurance LESSEE shall provide and maintain general liability and property liability insurance policy(ies), approved in writing by the Collier County Risk Management Department. 1. Minimum Insurance Requirements: Risk Management in no way represents that the insurance required is sufficient or adequate to protect the vendor's interest or liabilities,but are merely minimums. a. Workers'Compensation-The vendor shall maintain in force for the duration of this contract statutory workers' compensation benefits as defined by FS 440 encompassing all operations contemplated by this contract or agreement to apply to all employees regardless of the number of employees.Owners,partners and or corporate officers may be exempted per State Law.Employers'liability will have minimum limits of: $100,000 per accident $500,000 disease limit $100,000 disease limit per employee b. Commercial General Liability-The vendor shall maintain in force for the duration of this contract commercial general liability. Coverage shall apply to premises and/or operations, products and/or completed operations, independent contractors,contractual liability exposures with minimum limits of: $1,000,000 bodily injuries per person(BI) $1,000,000 bodily injury per occurrence(BI) $500,000 property damage(PD)or $1,000,000 combined single limit(CSL)of BI and PD c. Liquor Liability-The vendor shall maintain in force for the duration of this contract Liquor Liability with minimum limits of: $1,000,000 combined single limit(CSL)of BI and PD. 2. Verification of Coverage: 3 April 22 2013 a.. Ten(10)days prior to the commencement of any work under this contract a certificate RblPgtlslc's vti4l be - provided to the Risk Manager for review and approval. The certificate shall provide for the followiigt 13 b. "Collier County,its agents,employees, and public officials"will be named as an "Additional Insured"on the General Liability policy and Liquor Liability. c. Collier County will be given thirty(30) days notice prior to cancellation or modification of any stipulated insurance. Such notification will be in writing by registered mail,return receipt requested and addressed to the Collier County Risk Management Department(3301 Tamiami Trail East,Building D,Naples,FL 34112). 3. All insurance policies required shall be issued and written with a company or companies authorized to engage in the business of general liability insurance in the State of Florida and authorized to do business under the laws of the State of Florida, with the following qualifications as to management and financial strength: The Company must be rated no less than "A" as to financial rating in accordance with the latest edition of Best's Key Waiting Guide published by AM Best Company,Inc. 4. The Naples Grande general contractor shall delivery to the County customary insurance certificates of insurance prior to the construction of the Expanded Facilities which certificate shall clearly indicate and evidence such paid up insurance and that said general contractor has obtained insurance in a type,amount and classification as required for strict compliance with this Agreement. The said general contractor shall agree to make no changes or cancellations of the insurance without thirty(30)days prior written notice to the County.The said general contractor shall assure that the insurance coverage provided shall require the company or companies writing such insurance policy shall provide to the County written notice of cancellation thirty (30) days prior to any such proposed cancellation.The County reserves the right to reasonably amend the insurance requirements by issuance of notice in writing to the general contractor. Said insurance shall not exceed that required by the County for similar projects. Upon receipt of such notice, the General Contractor shall have thirty (30) days in which to obtain such additional insurance. 5. County Responsibilities: (1) The County shall maintain the same kinds of insurance with the same kinds of coverage on County-owned Facilities provided for in this Agreement as the County maintains on all other County-owned real and personal property. (2)In the event that the County does not maintain such insurance on all County-owned personal and real property and funds are not available for repair or replacement of Facilities provided for herein,nothing contained in this Agreement shall be construed as imposing on the County the obligation to repair or replace the County-owned Facilities provided herein.Should the Premises,during the Term of this Agreement,then become inoperable or if any required operating permit be revoked as a result of any failure of County to repair or replace any County-owned Facilities, Lessee shall have the option, with the prior written approval of the Director of Parks and Recreation, of providing such repair or replacement at its own expense and to seek to obtain reimbursement from County for all costs thereby incurred. ARTICLE 10.Maintenance LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said Demised premises are not kept clean in the reasonable opinion of LESSOR,LESSEE will be so advised in writing.If corrective action is not taken within twenty(20)days of the receipt of such notice,LESSOR may cause the same to be cleaned and corrected and LESSEE shall assume and pay all such necessary reasonable cleaning costs,and such costs shall constitute ADDITIONAL RENT which shall be paid by LESSEE within ten(10)days of receipt of written notice of costs incurred by LESSOR. LESSEE,at its sole cost,shall repair all damage to the Demised premises caused by LESSEE,its employees, agents,independent contractors,guests,invitees,licensees,or patrons. LESSEE,at its sole cost,shall remove from the Demised premises in accordance with all applicable rules,laws and regulations,all solid,liquid, semisolid,and gaseous trash and waste and refuse of any nature whatsoever which accumulates or arises from LESSEE'S use of the Demised Premises. Such trash,waste and refuse shall be stored in closed containers approved by the LESSOR. ARTICLE 11.Default by LESSEE Failure of LESSEE to remedy any non-compliance of this Lease within ninety (90) days from receipt of LESSOR'S written notice stating the non-compliance shall constitute a default,whereby LESSOR may,at its option, terminate this Lease by giving LESSEE,thirty(30)days written notice unless the default is fully cured within that thirty(30)day notice period(or such additional time as is reasonably required to correct such default).However,the occurrence of any of the following events shall constitute a default by LESSEE,and this Lease may be immediately terminated by LESSOR except to the extent then prohibited by law: 4 April 22,2013 Old Business 8-a (a) Abandonment of Demised Premises or discontinuation of LESSEE'S operation. 6 of 13 (b) Material intentional falsification of LESSEE or an agent of LESSEE of any report required to be furnished to LESSOR pursuant to the terms of this Lease. (c) Filing of insolvency,reorganization,plan or arrangement of bankruptcy. (d) Adjudication as bankrupt. (e) Making of a general assignment of the benefit of creditors. (f) If LESSEE suffers this Lease to be taken under any writ of execution. In the event of the occurrence of any of the foregoing defaults in this ARTICLE 10,LESSOR,in addition to any other rights and remedies it may have, shall have the immediate right to re-enter and remove all persons and property from the Demised Premises.such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of LESSEE,all without service of notice or resort to legal process and without being deemed guilty of trespass,or being liable for any loss or damage which may be occasioned thereby. LESSOR may at its option terminate this Lease after receipt by LESSEE of thirty(30)days notice in writing if a lien is filed against the leasehold interest of the LESSEE and is not satisfied,bonded-off,or removed within sixty (60)days pursuant to the Florida Mechanics Lien Law or otherwise. ARTICLE 12.Default by LESSOR LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty(30)days(or such additional time as is reasonably required to correct such default)after written notice to LESSOR by LESSEE properly and in meaningful details specifying wherein LESSOR has failed to perform any such obligation(s). ARTICLE 13.FACT.LITIES (A) This Agreement shall control in the event of any direct conflict with the Beach Access Facilities Agreement date November l5, 1983, as amended. The County owns the parking lot, the gatehouse,the Boardwalk, and the Beach Facilities. The County shall operate and maintain,at its cost,the parking lot,the gatehouse,and the boardwalk,and any future facilities,and shall be responsible for repairs,maintenance and capital improvements at the Beach Facilities. The Lessee shall provide daily cleaning and upkeep at the Beach Facilities. The County shall establish and collect all fees and charges for use of all facilities owned and operated by the County. (B) The Lessee, at its own expense, may provide a stand or other facility beside or underneath the dune walkover near the Beachside Facilities from which to rent recreational equipment to the users of Clam Pass Park. (C) The Lessee is authorized to provide movable umbrella pushcarts for the sale of food and non-alcoholic beverages subject to the restrictions of Sections 3,19 and 20,hereof. ARTICLE 14.MODIFICATIONS TO STRUCTURES AND IMPROVEMENTS. The Lessee accepts the facilities and space provided in this Agreement in their present condition,as modified pursuant to Section 2(A) above, and is responsible for all interior modifications and maintenance, including entrance doors, windows and screens. Except as provided in Sections 2(A)above,the Lessee shall obtain the County's prior written consent for any alteration,additions,or improvements to structural facilities and then pay and be liable for such modifications,which become County assets upon completion; said consent shall not be unreasonably withheld. Detailed plans for any P Y substantial improvements p ements shall be submitted to the County for approval. The Lessee shall provide,install and maintain,at its own cost and expense,all equipment required to operate the concession,but shall have the right, upon approval by the Director of Parks and Recreation, to use the County equipment,furnishings,and fixtures that may presently exist on the Premises. ARTICLE 15. MAINTENANCE. The County agrees to provide the assigned facilities in their "as is" condition, as modified pursuant to Sections 2(A), and to perform necessary exterior maintenance on the facilities assigned to the Lessee as well as to maintain the below ground level connection lines for permanent water and sewer utilities. Exterior maintenance of the facilities does not include daily removal of litter of the public areas of the Premises,such removal being the responsibility of the Lessee. ARTICLE 16. SPECIAL EVENTS. The Demised Premises may be used during and after normal operating hours as further described below: 5 April 22,2013 Old Business 8-a • 7of13 (A) The Lessee shall have the express right to hold no more than twenty-six(26)private events per . calendar year such as barbeques and similar functions at the Demised Premises. Private events may not occur prior to two hours before sunset. All such private events shall complete a Rental Permit Agreement form and pay a usage fee in the amount of two-hundred($200.00)dollars per hour to County for the use of the Premises. This usage fee shall be subject to modification upon mutual agreement between the County and Lessee. (B) All groups holding special private events at the Demised Premises and desiring to provide tram transportation shall be required to use Lessee's trains,which shall be operated only be authorized Lessee employees, and such groups shall not be permitted to provide their own tram or other motorized transportation to and from the Premises. Members of groups not using tram transportation shall be able to walk freely to and from the Demised Premises on the boardwalk. (C) All groups shall retain the Lessee to cater their event at the Demised Premises. (D) No group holding a private event shall be permitted to provide disruptive amplified music or steel-drum bands. All groups shall be subject to all County noise ordinances and shall be responsible to ensure full compliance therewith. (E) Private Events shall be described as either sponsored thru or contracted with Naples Grande. The Lessee shall be permitted to serve alcohol at private events and the proceeds of such sales shall be subject to a six (6%)percent gross revenue share formula as otherwise set forth in Article 4,Section D,Paragraph 2. ARTICLE 17. USE OF THE BEACH IS PRIMARY. The Park is for the use of the public for recreation and other public purposes, and the Lessee's activity shall not infringe upon the public's right to such use, subject to only Article 16 above. The location of any equipment,cart or any other materials of the Lessee are subject to approval of the Parks & Recreation Department. However, this does not preclude the Lessee, upon obtaining prior written approval of the Director of Parks and Recreation,from scheduling promotional events,including events which might temporarily limit access to the Premises,or any portion thereof. ARTICLE 18. COUNTY CONTROLS BEACH. Nothing in this Agreement will preclude the County from using the public areas of the beach for public and/or civic purposes as deemed necessary;however,these areas of the beach may not be closed to other public use during normal hours of operation. ARTICLE 19. SERVICES AND DUTIES. The Lessee agrees that the operation and Maintenance of the Park and concession stand(s)is to be handled by trained personnel,with emphasis on safety and maintaining the Beachside Facilities and immediately adjacent beach in a neat and orderly fashion. The Lessee hereby agrees to perform the following duties: (A) Maintain the bathroom facilities in a clean and sanitary condition at all times. (B) Qualify customers and give instructions on the operation of the various rental equipment. (C) Oversee the general use of the Boardwalk,Beachside Facilities, and the immediately adjacent beach, and shall report all misuse,damage and violations to the authorities and notify the Director of Parks and Recreation as appropriate. Nothing herein shall be construed or interpreted as imposing any obligation or duty on the Lessee for the public's safety in their use of the ocean. (D) Furnish all soap and other consumable supplies for the restroom facilities. (E) Collect,bag and place the garbage in containers,and have the containers removed from the Premises. (F) Remove trash daily and provide litter pickup for all trash and debris not in containers for the immediately adjacent beach, Beachside Facilities, Boardwalk, and surrounding areas, excluding the County Public Parking Area. (G) (Reserved) (H) (Reserved) (I) Open and close the Park according to established Park hours. (J) Clean up debris/trash from the sand beach area in and around the demised area. ARTICLE 20. COUNTY PUBLIC PARKING AREA. Any maintenance or supervision of the County Public Parking Area shall be the sole responsibility of County. Lessee shall have no duties whatsoever with respect to the County Public Parking Area,and shall incur no expense or liability with respect thereto. The Lessee will ensure that no employees will park cars in the public lot during their working hours,unless previously approved in writing by the Director of Parks and Recreation. 6 April 22,2013 Old Business 8-a ' ARTICLE 21. NO DISCRIMINATION. The Lessee agrees that there shall be no discriminatRdll IA to race, sex, color, creed or national origin in its operations under this Agreement; and further,there shall be no discrimination regarding any use,service,maintenance,or operation of the Premises. All facilities located on the Premises shall be made available to the public,subject to the right of the Lessee to establish and enforce rules and regulations to provide for the safety,orderly operation and security of the facilities. ARTICLE 22. ORDERLY OPERATION, ETC. The Lessee shall at all times have a neat and orderly operation and shall maintain all necessary housekeeping services for the Premises. There shall be no living quarters nor shall anyone be permitted to live on the Premises. ARTICLE 23. HOURS OF OPERATION. Lessee shall open the concession stand(s)no later than 9:00 a.m.and close not earlier than 6:00 p.m., seven (7) days a week, unless otherwise agreed with the Director of Parks and Recreation. The Lessee also agrees to open and close the public Park from dawn to dusk unless specifically authorized in writing by the Director of Parks and Recreation to do otherwise or the premises are in use in accordance with Section 8 above. During inclement weather,the Lessee shall use its own best judgment regarding closing the concession. County shall have the right to request Lessee to extend its normal operating hours to accommodate County-sponsored events for up to 15 hours of such extended operations per year,to require a written guarantee from County of revenues to be generated during such extended hours,in amount(s)to mutually agreed upon by the parties. ARTICLE 24. PRICES. All prices must be visibly displayed to Lessee's customers.,and must be approved in writing by the Director of Parks and Recreation. The Lessee shall rent or sell only those items approved in writing by the County. ARTICLE 25. SIGNAGE. Lessee shall,at it sole cost,provide and remove signs at all public approaches to its concessions. All advertising, signage and posting shall be approved in writing by the Director of Parks and Recreation. ARTICLE 26. VEHICLES IN PARK. Vehicles,other than authorized pedestrian tram,emergency vehicles and authorized construction vehicles,are only allowed in areas where roadways are provided and vehicles will park only in areas designated for vehicle parking. The Lessee shall have the right to use vehicles on the beach only to load and unload equipment and supplies,and for septic tank maintenance and cleaning. ARTICLE 27. CONTAINERS/BIODEGRADABLE. The sale or dispensing of beverage in bottles is not permitted nor shall bottle or glass containers be permitted in the Park. Beverages may be sold or dispensed in cans, plastic,or paper cups,although biodegradable containers are most desired from a County standpoint. The dispensing and use of straws is also prohibited. ARTICLE 28. STORAGE. Lessee agrees that there will be no overnight storage of any kind, west of the Beachside Facilities,unless a special exception is issued by the County.Lessee shall comply with all applicable laws, statutes,ordinances,and local rules,concerning storage on public lands. ARTICLE 29. NO DANGEROUS MATERIALS. The Lessee shall not use or permit in the Boardwalk,Beachside Facilities,or Park the storage of illuminating oils,oil lamps,turpentine,benzene,naptha,or other similar substances, or explosives of any kind,or any substance or articles prohibited in the standard policies of fire insurance companies doing business in the state of Florida. ARTICLE 30. LESSEE NOT TO REMOVE PROPERTY. The Lessee agrees not to remove any fixtures brought into the Park for the purpose of this Agreement,except such items as may be reasonably necessary for Lessee to meet requirements of : (a) seasonal demands; (b) special events conducted by Lessee; and (c) the repair or replacement of property. The parties recognize that Lessee's service requirements under this Agreement shall not be limited or reduced by the removal of its property. Provided Lessee satisfies its obligations under this Agreement,it shall,within thirty(30)days after expiration of this Agreement,remove its personal property and equipment from the Premises,provided such removal can be accomplished without damaging the Premises. Should Lessee fail to remove such personal property and equipment,the County may cause same to be removed and stored at the cost and expense of the Lessee, and the County shall have a continuing lien thereon in the amount of the cost and expense of such removal and storage until paid, and may sell such personal property and reimburse itself for such cost and expense, including the expense of the sale. Article 31. SECURITY. The Lessee shall provide any security measures which may be required to protect the Beach Facilities,and its equipment and materials. Such security measures may not violate local or state law or other restrictions of this Agreement. Article 32. NO LIENS. Lessee agrees that it will not suffer, or through its actions or those actions of anyone under its control, or supervision, cause to be filed upon the Park any lien or encumbrance. In the event any lien is filed, Lessee agrees to cause such lien to be discharged, satisfied,or bonded-off within sixty(60)days of receiving written notice from the County. 7 April 22,2013 Old Business 8-a of]3 Article 33. INSPECTION.The Lessee agrees that the concession facilities and Premises may be inspected at any time by authorized representatives of the County Administrator or by any other state,county,or agency official having responsibilities for inspections of such operations.The Lessee agrees to immediately undertake the correction of any deficiency cited by such inspectors. Article 34. RECORDS AUDIT.The Lessee agrees to establish and maintain such records as may be prescribed by the County to provide as evidence that all terms of this agreement have been and are being observed.The Lessee grants to the County the right and authority to audit all records and documents pertaining to the concession operation. Such audit will be conducted at locations and at a frequency determined by the County and communicated to the Lessee. The Lessee agrees to provide materials for the audit at the designated place within seven(7)business days after the County's notice is received. Article 35. ENFORCEMENT. (A) The parties agree that the County shall have a continuing lien on such personal property or trade fixtures of the Lessee located at the Clam Pass Park,said lien against such personal property or trade fixtures for the sum of which may,from time to time,become due and unpaid to the County under this Agreement.Upon default of any required payment(s)by the Lessee,the County shall have the right to take possession of and retain Lessee's personal property and for trade fixtures to the extent of the herein described lien value until the full amount shall be paid, or to sell the same at public auction, and after deducting the expenses of sale and reasonably attorney's fees apply the balance of the proceeds to such payment,and if there should be any deficiency to resort to any other legal remedy available to the County. Simultaneously with the execution of this Agreement to Lessee will furnish the County with two(2)complete UCC-1 Statements,to cover such personal property or rental equipment at Clam Pass Parking in an amount equal to the County's lien under this Agreement,one to be filed locally and one to be filed in Tallahassee. The UCC-1 Statement shall evidence the County's secured status for the performance of the Lessee's obligations. Any change or amendment to the UCC-1 Statement(s)indicating different property of Lessee to secure County's lien hereunder shall require a written amendment duly executed by the parties. (B) In the event of any willful violation of this Agreement by the Lessee,or if the County or its authorized representative shall deem any conduct on the part of the Lessee to be noted on the Lessee Inspection Report,the County shall notify the Lessee in writing of alleged willful violation or Inspection Report notation,and afford the Lessee a reasonable opportunity, of not less than thirty (30) days, to cure alleged violation. After the requisite cure period,the County shall have the right to suspend the operation of the concession should the Lessee fail to correct any such violation,conduct,or practice to the satisfaction of the County.County will not suspend operation during the pendancy of the cure period.The Lessee shall not commence operation during such suspension until the violation has been corrected to the satisfaction of the County. Article 36. PERFORMANCE BOND. Upon executing this Agreement, Lessee shall post with the County a performance bond in the amount of FIFTEEN THOUSAND($15,000.00)DOLLARS.(Best's Guide of rating of A-or above.)The performance bond shall be issued by a surety company authorized to do business in the state of Florida, and shall be released at the termination of this Agreement,provided Lessee has satisfied its obligations under this Agreement. Article 37. INSURANCE.[See Article 9] Article 38. INDEMNIFICATION.The Lessee agrees to protect,defend,indemnify and hold harmless the County and its officers, employees and agents from and against any and all losses, penalties, damages, settlements, costs, charges,professional fees or other expenses or liabilities of every kind and character arising out of or relating to any and all claims,liens demands,obligations,actions,proceedings or causes of action of every kind and character with or arising directly or indirectly out of our obligations under this Agreement or our performance of this Agreement. Article 39. PERMITS; LICENSES; TAXES. The Lessee and the County agree to cooperate and to obtain all required government permits and licenses necessary for conducting business, and Lessee shall pay for all permits obtained. The Lessee agrees to comply with all laws governing the responsibility of an employer with respect to person employed by the Lessee.The Lessee shall be solely responsible for payment of any and all taxes levied on the concession operation.In addition,the Lessee shall comply with all rules,regulations and laws of Collier County,the state of Florida,or the U.S.Government now in force or hereafter adopted. Article 40. UTILITIES. (A) The Lessee agrees to pay for all public utilities provided to the Beachside Facilities and used within the concession operation,including but not limited to:electric,potable water,sewer and telephone. (B) The Lessee shall, at its own cost, provide any propane gas or other fuels needed for its equipment and operation at the Park,under this Agreement. (C) The Lessee shall provide any communication system required for its business operation,and such equipment shall not interfere with any public telephone installation within the Park. 8 April 22,2013 • Old Business 8-a ' Article 41. MONTHLY REPORT. A monthly report of activities, in a form developed t3T°tlP Lessee and approved by the Director of Parks and Recreation, shall be submitted to the Director of Parks and Recreation by the 15`n of each month. Article 42. DEFAULT AND TERMINATION. If either party fails to comply with any of the material terms a conditions hereof, and such non-compliance is not cured within thirty (30) days after written notice is given to the nc complying party,the non-offending party may terminate this Agreement.Should County,under the terms of this Agreeme. be entitled to declare Lessee in default and terminate the Agreement,then the County may revoke the privilege of the Less to enter the Premises for the purposes for which this concession was granted,and the County may oust all parties present up the Premises attempting to exercise any of the rights so revoked. Continued occupancy of the facility by Lessee afi termination of this agreement shall constitute trespass,and may be prosecuted as such.In addition,the Lessee shall pay to t County ONE HUNDRED ($100.00)DOLLARS per day as liquidated damages for such trespass and holding over. Shot LESSOR terminate this LEASE during the first twenty-four(24)months,LESSOR shall be bound by the obligations impos by Article 2 hereof. Article 43. ADMINISTRATION. This agreement shall be administered on behalf of the County by the Count Administrator or his designee. Article 44. NOTICES. (A) All notices from the County to the Lessee shall be deemed duly served if hand delivered or mailed b registered or certified mail to: Naples Grande Resort 475 Seagate Drive Naples,FL 34103 With a courtesy copy of all legal notices to: LXR Legal Department 595 S.Federal Highway,Ste.600 Boca Raton,FL 33432 (B) All notices from the Lessee to the County shall be deemed duly served if hand delivered or mailed b registered or certified mail to: Director of Parks and Recreation Parks and Recreation Department 15000 Livingston Road Naples,Florida 34109 (C) The Lessee and the County may change the above mailing addresses at any time upon giving t other party written notification.All notices under this concession agreement must be in writing. Article 45. Section intentionally deleted Article 46. NO PARTNERSHIP.Nothing herein contained shall create or be construed as creating a partnership betwe the County and the Lessee or to constitute the Lessee as an agent of the County. Article 47. ASSIGNMENT.Article 7 herein shall control. • Article 48. COOPERATION. The Lessee agrees to reasonably cooperate with the County in conducting surveys and provide reports of visitor usage of concession services. Where this Agreement provides for the County to provide for t County to provide a response or perform an act upon the Lessee's request,the County shall promptly respond or act upon su request, and shall not unreasonably withhold its consent where County consent is required. Any right,power, privilege obligation allocated to the County Administrator under this Agreement,may also be performed by the County Administrator designee.Further,the County agrees to provide the Lessee with advance notice of any special event and top coordinate w the Lessee regarding same.County also agrees to provide Lessee regarding same.County also agrees to provide Lessee w notice of the availability of plans for any remodeling of the Beachside Facilities or the Boardwalk. Article 49. FORCE MAJEURE.In the event of major storm,red tides,hurricanes or other such occurrences,the Cour shall remove or cause to be removed any and all debris from Clam Pass Park and associated County facilities when deem feasible by the County. Article 50. ATTORNEY'S FEES. In the event it becomes necessary for either party to litigate in order to enforce rights under the terms of this Agreement,then the prevailing party shall be entitled to reimbursement from the other party its costs and reasonable attorney's fees,including those incurred during appellate proceedings. Article 51. WAIVER.No waiver or breach of any covenant or condition of this Agreement shall be taken to constitute waiver of any subsequent breach of such covenant or condition nor to justify or authorize the non-observance on any ott 9 April 22,2013 occasion of the same or any other covenant or condition hereof,nor shall the inaction of County aPill'tfiifesMi sj Lessee is ' default hereof be construed as a waiver of such default or County's rights to terminate this AgreenlJrif 11 to such default,n shall any waiver of indulgence granted by County to Lessee be taken as an estoppel against County. Article 52. WAIVER OF LOSS FROM HAZARDS. The Lessee hereby expressly waives all claims against the Cour for loss or damage sustained by the Lessee from or by the public,its guests and patrons. Article 53. CONFLICT AND SEVERABILITY. The parties agree that in case any one or more of the provisio contained in this Agreement shall be held invalid, illegal or unenforceable in any respect, such invalidity, illegality, unenforceability shall not effect any other provisions thereof,and said Agreement shall be construed as if such invalid,illei or unenforceable provisions had never been contained therein. Article 54. ENTIRE UNDERSTANDING. This Concession Agreement contains the final and entire understanding a agreement between the parties hereto, and supersedes any prior concession agreement or extensions thereof between su parties or any term, statement, representation, warranty or condition, oral or written, not contained in this Agreeme However, the Beach Access Facilities Agreement of November 15, 1983 shall not be affected by this Agreement except expressly provided herein.Any modification of this Agreement must be in writing and signed by both parties. Article 55. FLORIDA LAWS.This Agreement shall be construed and enforced in accordance with the laws of the sta of Florida. Lessee must be registered to conduct business in the state of Florida and be able to furnish satisfactory proof such registration. Article 56. COMPONENT PARTS. This Agreement consists of the following component parts attached hereto, ea component being a part of this Agreement as if herein set out verbatim: (A) Insurance Certificate(s);and (B) Performance Bond. (C) Exhibit"A" ARTICLE 57.Surrender of Premises LESSEE shall deliver up and surrender to LESSOR possession of the Demised Premises and any improvements upon expiration of this Lease,or earlier termination,broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof,ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. ARTICLE 58.General Provisions LESSEE expressly agrees for itself,its successor and assigns,to refrain from any and all use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S operations where any such operations share common facilities or otherwise. (a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR. (b) LESSEE agrees to pay all taxes imposed on the leasehold interest or otherwise related to the rental of the Demised Premises to the extent applicable under law. (c) LESSEE agrees to pay all intangible personal property taxes that may be imposed due to the creation,by this Lease,of a leasehold interest in the Demised Premises or LESSEE'S possession of said leasehold interest in the Demised Premises. ARTICLE 59.Environmental Concerns LESSEE represents, warrants and agrees to indemnify,reimburse, defend and hold harmless LESSOR, from and against all costs(including attorneys fees and all appeals)asserted against,imposed on or incurred by LESSOR directly or indirectly pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or harm to the environment directly caused by and linked to the Lessee. ARTICLE 60.Radon Gas In compliance with Section 404.056,Florida Statutes,all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities,may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. ARTICLE 61.General Provisions 10 i . April 22,2013 LESSOR fully understands that the police and law enforcement security protectiorf l r�'bT Ms law . enforcement agencies to the Demised premises is limited to that provided to any other business or agency situated in Collier County, and LESSOR acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSOR and shall involve no cost or expense to LESSEE. ARTICLE 62.Extent of Liens All persons to whom these presents may come are put upon notice that no interest of the LESSOR in the Demised Premises shall be subject to liens for improvements made by the LESSEE,also liens for improvements made by the LESSEE are specifically prohibited from attaching to or becoming a lien on the interest of the LESSOR in the Demised Premises or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713.10,Florida Statutes. ARTICLE 63. Effective Date This Lease shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 64.Governing Law This Lease shall be governed by,and construed in accordance with,the laws of the State of Florida. IN WITNESS WHEREOF,the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSOR: • DATED4v U1 AT E 'P ‘,, BOARD OF COUNTY COMMISSIONERS DWIGHT E BROCK Clerk'a COLLIER CO ,FLO:AAA' livzre 0.C.. BY: /�=�f�6 r • LS 18 Vic James Coletta,Chairman AS TOtESS,E,F: Ai,f' LESSEE: LeHill Partners, L.L.C. d/b/a Naples Grande Resort & Club DATED: ©L bey' 23,U07 BY: ff /././A/%x ,�/ A n/S e A/ WITNESS(signature) Name in CAPS (pri t name) / / / '� SS(signatur; PS 0S 0. Sn1.'1)g (print name) Appro • t,rm and lea. As stant o . 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LTA) l-'orr.tm- Marco Island Marriott Meeting w ith Shark Slrootout Marketing team April 22, 2013 Tourism Staff Reports 10 a-g few SALES DEPARTMENT - Debi Dcl3enedetto Industry Relations—Sales • Continue assist planning IAGTO event for June on Marco Island • Final Golf leads sent out from 14 Winter Play Florida Golf shows New Product Development • Advisory Roundtable held April 2 • Tourism Week Awards continue planning • New interest in Motor Coach -4 requests from tour operators Familiarization Trips • 18 HelmsBriscoe Associates here April 20-22 for Fam 18 • Escorted German Rep Ramona Ohler for destination training and tour of the area seeing several hotels and attractions • Two sites were conducted—Caron Camp, Lynn Phipps Trade Shows • HelmsBriscoe National ABC Partner Fair Orlando April 17-19 • Canoecopia was attended on behalf of the CVB/destination by one of our attraction partners- this is a leisure consumer show in Madison, WI RFP's and Booked Business • Distributed 14 RFP's to hotel partners • Booked 3 groups from previous RFP's for a total of 337 room nights and $294,397.95 in estimated economic impact. Sponsorships RFP Enhancements Approved 5 new requests for RFP enhancement funding for this period totaling$40 K in funding. We turned 3 groups from tentative to definite 3 and lost 2 groups to other destinations. • MPI South East Chapter Board Meeting booked with CVB sponsorship • SMU University luncheon sponsorship booked for added value and exposure at August SMU University(Successful Meetings) April 22,2013 Tourism Staff Reports 10 a-g 4 t 3 •4 t `+1 ztp4c,.MarkoW Wand PUBLIC RELATIONS & COMMUNICATIONS - JoNell Modvs & Angela Aline Department Activities/Projects • Research for new Media Monitoring system agreement • Updates to local/regional media lists • News Releases o Big Cypress Wildfire travel impacts—to online Media Center o National: Marco Island Wins#3 Spot in 2013 TripAdvisor Reader's Choice Top Ten U.S. Islands o Local: Keith Bellows `100 Places' Book Signing • Media Contacts/Assistance for local, national and international media information and photography requests and FAM visit arrangements o CVB in-house: Pitched story ideas for USA Today Go Escape June 2013 summer travel magazine. Corkscrew Swamp Ghost Orchid Bloom selected o Arranged FAM visit and book signing for National Geographic's Keith Bellows o Arranged FAM visit for U.K. magazine Wild Travels and National Geographic Traveller online. o Plus more. • Publicity—Excellent coverage including: o Marco Island#3 on TripAdvisor Reader's Choice List of Top Ten Islands • Result of TripAdvisor release, followed by CVB release o Everglades tour guide wrestles 10ft. python story goes to U.S. Networks and International—YouTube video going viral • Story pickups by ABC News, NBC, U.K. Daily Mail as well as across the country o FGCU Eagles—Naples mentioned frequently during NCAA tournament, and by Coach Enfield on the NBC Tonight Show with Jay Leno o Locally • Good business coverage of seasonal visitation, spending • Excellent pre and post coverage of National Geographic visit and book signing • Website o Update Beach Conditions page o Add events o Tag selected events to show in Featured Events o Add new listings &upload info to fill in account o Update listings for partners that don't o Analytics Meeting April 22,2013 Tourism Staff Reports 10 a-g • 4z 4 c. 4Sast kand • Social Media o Facebook posting & interactions— 100% in-house PR team o Twitter @ParadiseCoast main destination account—50% in house • Paradise Advertising o Client rep onsite for photo shoot o Photographer selection for photo shoot o Review and suggest edits for new Spring/Summer campaign web landing page • Lou Hammond &Associates o Work on upcoming Pet Fam invite o Marco Island and other release approvals o Team conference calls • Partner meetings o Agave Southwestern Grill o Adrenaline Soccer o Sunshine Booksellers o Marco Island Marriott o Dolphin Explorer o Octagon sports (LPGA &ACE Group golf event producer) News Releases • Online media center: Big Cypress wildfire causes road closings,travel alert • Local: Keith Bellows book signing event • National: Marco Island#3 on TripAdvisor Reader's Choice List of Top Ten U.S. Islands Miscellaneous Activities/Projects • Florida Society for Ethical Ecotourism Board Meeting • CVB Advisory Meeting • Provided destination photography for use in developing County/IT screensaver project • Submitted application to serve on VISIT FLORIDA Advertising& Internet committee, with back up request for Communications committee April 22, 2013 Tourism Staff Reports 10 a-g 5 • 'NApIrs starr,aa titarnt t t$, •g�isx.�' 1srtitU ro, FILM OFFICE— Maggie McCarty PRODUCTION NOTES • American Field Trip — TV series Network launch in April 2013 /Esquire Network is underthe umbrella of NBC Universal. Photojournalist/blogger Matt Hranek discovers Everglades City. Staying at the Rod & Gun Club, frogging, fishing and riding swamp buggies. Air date -July 2013 WORKING LEADS • Valencia Motion Pictures — indie film Permitting for beach locations • Joker Productions — German reality tv show Season 5 of the popular show "Die Giessens" follows the glamorous Geiss family on their jet-setting lifestyle adventures(Season 4 was followed by more than 27 mil viewers) • DIY — tv series New series "Desperate Landscapes" looking to makeover a homeowners' yard and garden • October Films — documentary • University of Miami — student thesis film Moved to Summer 2013 • "The Shallows" — indie film The OFE has had no re-application for tax incentive • KCS Prods. — indie film Preliminary casting has begun. Met with producer for production briefing • Pacific Productions — still photo Los Angeles based agency is planning to shoot on variousarea beaches April 22,2013 Tourism Staff Reports 10 a-g k is 6 • ii Na;mss !,tart&+tsiand ra€ ar3a Voof ter a ,. • Mercedes-Benz USA - commercial • Picture Frame Entertainment — tv series • Peter Anthony Group — indie film "Hybrids" OPERATIONS • Issued film permits • Location library upload • Lead/inquiry response • Monthly Revenue Tracking Followed-up with activity worksheets to clients ..] Recorded data • Client Management • -Opened a production file for each inquiry • NIFF conference call • SAP training • Tourism Advisory Roundtable • Create content for social media (Twitter, FaceBook, Linkedln) • Continued work on Florida Film Commissioners Handbook for Film Florida. To be presented at the Annual Board meeting. This year's meeting is in partnership with CAMACOL's Hemispheric Congress and Miami Media & Film Market — May 2013 • Conference Call/Film FL Legislative Committee • Shot location photos of Inn on Fifth renovations, private home in Logan Woods • Pre-production scouting for CVB/Paradise Adv. Photo campaign • ITZ Media Pitch Reception April 22, 2013 Tourism Staff Reports 10 a-g 7 Nam+ t rr c,1,43nit SPORTS COUNCIL—Chris O'Brien Events Booked IBC 6th Annual Christmas Baseball Grandslam, December 12-14, 2013, 750 visitors, 520 room nights, direct spending $191,250. IBC World Series SWFL Summer Bash, July 9-13, 2013, 1,000 visitors, 750 room nights, $525,000 direct spending. Strike Out Breast Cancer IBC Baseball, October 11-12, 13, 750 visitors, 374 room nights, $236,250 direct spending. Anticipated Totals 2500 visitors, 1,644 room nights, $952,500 direct spending Events Hosted USSSA Florida Phenom Classic Basketball, 4/5/2013, 900 Visitors, 250 Room Nights, $165,000 Direct Spending. East Naples Skill Level Pickleball, 4/5/2013, 250 Visitors, 140 Room Nights, $112,500 Direct Spending. Florida Champions League Soccer, 4/6/2013, 240 Visitors, 100 Room Nights, $55,800 Direct Spending. USSSA Super NIT Naples AA/AAA Baseball, 4/19/2013, 1,000 Visitors, 500 Room Nights, $438,750 Direct Spending. 8th Annual NFFJ / Challenge Sports Naples 3 v 3, 4/20/2013, 200 Visitors, 125 Room Nights, $45,000 Direct Spending. EVP Rip Tide Beach Volleyball, 4/27/2013, 100 Visitors, 40 Room Nights, $22,500 Direct Spending. Anticipated Totals 2,690 visitors, 1,155 room nights, $839,500 direct spending April 22,2013 Tourism Staff Reports 10 a-g 8 vg,""a'tlrs Mono A afcl • i E(a :t s'alts$t' Vof E"ot ++rte Events Pending EVP —Sunshine State Games Sand Volleyball, July 2013, 250 visitors, 100 room nights, $75,000 direct spending. New England Prep Lacrosse, March 2014, 660 visitors, 1,000 room nights, $270,000 direct spending. Stand Up Paddling Event at Naples Beach Hotel USSSA Baseball July 17-21, 2013, 1,200 visitors, 900 room nights, $540,000 direct spending. Assisted with 60 team USSSA basketball tournament. Tournament utilized 10 local gymnasiums at seven locations including North Collier Regional Park gymnasiums and Golden Gate Community Center. Tournament featured top boys basketball teams from Tampa to Miami in 4th to 11th grades. Other Activities Compiled transportation,lod ging and catering proposal for High School Prep Lacrosse Showcase. If Naples chosen, Twenty teams from New England with approximately 660 visitors will train for a week and have tournament in Naples next spring. This six day event will produce an estimated 1,000 room nights. Economic Impact is estimated to be $405,000. Attended Florida Champions League youth soccer tournament at NCRP and met with Florida Champions League president to discuss additional soccer events and 300 person awards soccer banquet. Meet with USSSA Flag Football representative Steve Graham of USSSA. This organization will have events that will bring out of town teams for youth flag football to Naples. Continued work and logistics for the USSSA baseball event. Event will use Veterans Park, Golden Gate Community Park and North Collier Regional. Tournament has over 550 room nights booked to date. Conducted site visit for Sunshine State Games Beach Volleyball at Barefoot Beach. Continuing permitting and logistics planning to host Sunshine State games in partnership with Florida Sports Foundation, EVP Volleyball and Riptide Volleyball. Event will bring in 50+ teams. Set up hotel room blocks and securing county gymnasiums for Holiday Basketball Classic in December. The tournament will bring 16 of the top programs in the Nation for girls high school basketball tournament. Scheduled three new IBC youth baseball events for July, October and December. Three events will bring in 100 to 150 teams combined and approximately 1,700 room nights. April 22,2013 Tourism Staff Reports 10 a-g 9 • _ Ark%tlrzr«T%tang! E tty;ra<;a�"a,t=as# yrattawh tw rgLotxe,. ,. Distributed new sports Category B grant form to sports clubs and contacts in the region. Developed coupon deal sheet for distribution to sport visitors. Sheet includes local cruise deals and other attraction discounts. Attended the CVB Roundtable at Naples Beach Hotel. Participated in meeting with Octagon Sports Marketing to discuss promotion and additional events to enhance the current pro golf events in Naples. Researched event right holders in preparation for travel to National Association of Sports Commissions annual tradeshow and symposium. April 22,2013 5 Tourism �txrs ou ris m l Staff Re ports 10 -g �fi 1 0a arms,N t,L. N1 ��• OTIMAC- UK REPRESENTATIVES HIGHLIGHT OF THE MONTH: Visit Florida Media Mission — March 10-15— London &Scotland Participated in this successful event with over 50 media and tour operator attendees across London /Southeast &Scotland. Top meetings included National Geographic Traveller, TTG, Family Traveller Magazine, The Sunday Post, The Scotsman and key freelancers across national UK papers. Travel bloggers and select tour operators were also present and OMMAC is following up on relevant leads and ideas. OMMAC met with Visit Florida after the event for a comprehensive debriefing and is following up on media leads. To date, one successful trip to Paradise Coast is in planning progress for coverage in two titles; National Geographic Traveller and Wild Travel. Scottish Golf Show— March 22-24 - Glasgow Worked in co-op partnership with specialist golf tour operator Golfkings to participate with this very successful consumer show. We offered an incentive prize trip to attract more consumers at the stand —with consumers having the chance to'win a golfing trip for two to Florida's Paradise Coast'. We worked with our industry partners &colleagues & negotiated the following: Accommodation &golf from Marco Marriott Resort&Waldorf Astoria, Flights from Virgin Atlantic UK&Car rental from Dollar Thrifty. A flyer was also produced with a special offer price of both participating properties driving bookings during the June to September period. In-kind support was also provided by Brand USA. Specific Vinyl posters were produced to highlight Paradise Coast&the two participating properties. The estimated attendance was 18,000 Golfers, but actual attendance was 22,000. There were over 750 confirmed entries for the promotion &the specific bookings are being tracked by Golfkings. See attached vinyl posters that were displayed at the show&the flyers. MARKETING/SALES/PROJECTS&ACTIVITIES Activity including Trade Marketing Campaigns&Advertising /Consumer Promotions /Ongoing Activity(all activity on co-op basis with partners) PARTNER/PROJECT ACTIVITY RESULT Visit Florida Facebook Launch of a Florida Facebook OMMAC prepared and platform game highlighting USPs submitted images and key April 22, 2013 1 Tourism Reports 10 -g :4 ° �� `' 1,.r�0% t�k4L nd i,ar aSe* ..,: 4141E 1*"-ff App of all the regions messages for inclusion - app launched. OMMAC continues to share posts across Facebook channels to increase traffic to Paradise Coast UK facebook IAGTO— North Planning for the June Convention On-going planning across all American Convention segments: registration/ Meetings with IAGTO sponsorship/ budget etc. June 2013 Additional calls & meeting with IAGTO & IP's confirming details. Budget planning —on going working document Travel Mole Working with Travel Mole for OMMAC aim to have release suitable date for distribution of video footage after the The"Race to Paradise Easter break&on going PR Coast" Major focus for the host coverage accommodations - Marco Island Trade golf promotion & Marriott&Waldorf Astoria, on- VIP Fam. going project BA/BA Holidays &V Objectives: To create a Florida Drop date expected 18 April Florida Co-Op campaign that appeals to both 2013 - exact dates TBC Campaign Family and non-family target markets Approving all creative— by BA ad agency in London — Naples office also approving. Virgin Holidays&Visit Aim to drive demand for Approving all copy both UK & Florida Co-Op Summer/Winter '13 bookings as Naples office—drop March & Campaign well as early bookings for 2014. April 2013 US Airtours Ongoing planning for focus Aim to drive business for late campaign both direct to summer market &September consumers &via the trade period Brand USA March saw the bulk of a heavy- The Brand USA message via weight Brand USA out-of-home Advertising is gaining The Corporation for Travel (OOH) campaign in London, Leeds, recognition &increasing the April 22, 2013 Tourism Staff Reports 10 a-g 12" Out s x ,„t%L i d ,rte, Promotion Manchester and Glasgow. The demand for USA holidays. campaign featured all four sensory While our region is not creatives with executions running mentioned directly, we stand across roadside billboards and to gain a great deal form this London Underground. Prominent activity& seek to include giant Transvision screens featured Brand USA logo in all our BUSA's 30 second ad spot activity for in-kind combined with a British Airways recognition. call to action - National out of home activity will deliver over 93 million impacts NATS— North America Waitrose promotion now complete Winner is now booked. Travel Services successful. Following up offer date— Full recap report to follow TBC by NATS. Scottish Golf Show & Confirmed participation at this Actual attendance 22,000. Golf Kings Tour show. There were over 750 operator confirmed entries for the Working with airline &IP's for promotion —focus market of additional prize draw golfers THG Holidays co-op Working on a booking incentive to TBC campaign drive up room nights— lead in offer from Inn on 5th as requested by THG OrlandoAttractions.com Reviewing opportunity to reach UK OMMAC to following up consumers—seeking attraction tickets prior to their Florida Holidays —aim to promote Paradise Coast as their beach segment Additional activity with On going discussions with our key On going follow up our Key tour operator partners for forthcoming activity in April 22,2013 Tourism Staff Reports 10 a-g P.' - 13 &At t c t nd **dr..... ,F.;.. w`".::.. a, partners 2013 Meetings/Sales Calls 1 Continued liaisons with V Florida regarding media mission. OMMAC planned post event debriefing lunch meeting and followed up with media leads 2 Planning with Virgin Atlantic regarding sponsorship for IAGTO convention in June & additional opportunities for ongoing activity 3 Meeting with Moet Hennessy re possible sponsorship for IAGTO convention &other consumer activity 4 Assisted James Villas re product for their new brochure, requesting images etc 5 Conf call with V Florida UK marketing regarding issue with journalists from Cara mag —Aer Lingus in flight publication —details are listed under PR below, but we had to field call from the marketing office as an issue with room rate & not driving was raised at the last minute. We have suggested to V. Fl marketing UK to further discuss with V. Fl PR UK office the procedure of a vetting form prior to us working with journalists be pass on to us. Our suggestion was well receive &should avoid an issue of this nature in the future. 6 Discussions with a number of IP's re IAGTO in June 7 Meeting with Virgin Holiday regarding upcoming &current marketing activity co-op with V FL—confirmed excellent position placement for our region 8 Various discussion & planning with Golf Kings re participation during the Scottish Golf Show — Paradise Coast promotion —see highlight above. 9 Discussions with Waldorf Astoria re support for Golfkings, Scottish Golf show promotion & offer. Also gained support from Marco Island Marriott—GolfKings were guest of both properties during the Race to Paradise Coast event in Dec. April 22, 2013 Tourism Staff Reports 10 a-g 1 411{1c40,414rA Ntaat,c isiA rttl 10 Following up with several tour operators in France —assisting with literature & images 11 Discussions & planning with V. USA Ireland re opportunity to co-host their Travel Agents appreciation awards event in Dublin in May. 12 Call with Inn on 5th— re venue as requested by IAGTO —to act as meeting point on the 'free—dine a round' night of convention. Also assisting re Pow Wow meeting for high-end operators—their focus moving forward 13 Additional follow up with NATS re Waitrose promotion 14 Planning for Pow Wow travel &appointments 15 On going discussions & planning for IAGTO— NAC June 2013 —focus event for April/ Many Public Relations&Media Correspondence • General media liaison to promote Paradise Coast • Ongoing Social Media— Facebook and Twitter CONTACT ACTIVITY RESULT Wild Travel Magazine / Following the Visit Florida Media OMMAC has requested two Mission, OMMAC is liaising with nights (25 and 26 April) NatGeoTraveller.com Lauren for two commissions in accommodation in Marco Island Wild Travel Magazine and and Everglades, as well as NatGeoTraveller.com. wildlife activity. Lauren Jarvis OMMAC also recommended a hosted lunch in Naples with CVB. CVB is confirming availability and OMMAC will progress. The Independent Readership is 215,045 for the OMMAC confirmed national broadsheet paper. accommodation support and trolly tour—travel complete. Coverage will include an Chris Leadbeater Alternative Florida feature with OMMAC is following up for Naples inclusion feedback and providing images/info for feature. April 22, 2013 Tourism Staff Reports 10 a-g . 15,...0406 apk t rc lslarttl 42r MA Cara magazine - (in-flight Readership is 1.3 million for the OMMAC confirmed mag for Aer Lingus) Irish inflight magazine. Coverage accommodation support and will include an eight page feature activities—travel complete. on the Everglades with credits to accommodation and CVB site OMMAC has liaised with CARA Paddy Woodworth for feedback and is following up Richard Gilligan in advance of feature coverage Which?Travel Following the Visit Florida Media OMMAC supplied info and Mission, OMMAC liaised with Guy approved the drafted feature— to provide info for a feature he is due out May. Guy Hobbs writing on the destination Selling Long Haul Laura is preparing to write a OMMAC liaised with Laura to feature on Florida with focus on provide information and news Paradise Coast for a Florida feature due out Laura Gelder summer 2013. Metro Katie is writing several USA OMMAC pitched Paradise Coast features for various titles for an upcoming feature in the including Metro, Independent Metro newspapers. Katie Monk and Guardian OMMAC sent information and images for the feature. Visit Florida UK Media Participated with this event— Successful event with over 50 Mission focus for V Fl to mark the Viva media attendees across London Florida 500 celebrations— 500 /Southeast & Scotland. year Birthday OMMAC met with Visit Florida after the event for a comprehensive debriefing and is following up on media leads. To date, one successful trip to Paradise Coast in planning progress April 22,2013 r Tourism Staff Reports 10 a-g 16gf 'AAA r,Wand Social Media: Ongoing - continue to develop OMMAC is progressing social the Paradise Coast UK Facebook media proposal with ideas to Facebook and Twitter page and Twitter account. generate room nights and increased traffic across platforms. OMMAC is also cross sharing with relevant partner platforms such as Viva Florida 500, Share a little sunshine and relevant news bites. April 22,2013 Tourism Staff Reports 10 a-g • 17 00413k \totc*E old DI 1' ON DE-EUROPEAN REPRESENTATIVES GENERAL SUMMARY OF ACHIEVEMENTS • Tour Operators o Canusa: Confirmed participation in their new project "Vacation Builder" which will be launched in the first half of May and which is highly supported by Visit Florida. o FTI: Confirmed marketing campaign. Dedicated Naples landing page went online in January and radio promotion was on air March 02nd an 10th. o Neckermann: Finalized truck campaign. The Naples Truck is on the road from March 01 to April 05, 2013. We are able to track the kilometers of the truck and will give a final report next month. o Explorer Fernreisen: Produced 1000 Naples flyers for distribution at the German consumer shows and through the Explorer offices in Germany; also placed a newsletter March 12, 2013 to 40.000 subscribers. o Knecht Reisen: Approved newsletter featuring NAP as part of our joint marketing campaign. Newsletter was sent to 20,000 consumers on Feb 28, 2013 and 1,000 TAs on Feb 15, 2013. o Meier's Weltreisen: Confirmed participation in Winterwelten roadshow in July 2013 - 5 cities (Dusseldorf, Mannheim, Stuttgart, Nurnberg and Munich) with approx. 100 agents each. 0 • Travel Agents o Sales calls: total of 45 personal visits to travel agents in Germany, Switzerland, Austria, Netherlands o Dinner Event in Zurich on March 26, 2013: 25 agents EVENTS o Roadshows • Visit Florida Roadshow: Approved participation in Visit Florida roadshow taking place April 15-19, 2013 in Hamburg, Dusseldorf, Frankfurt and Zurich (Switzerland). The roadshow will be a mix of travel agents evening events and tour operator reservations team trainings. o Exhibitions • Vakantiebeurs: Attended trade show on January 8-13, 2013. This year the show counted a total of 102,393 visitors. During the trade day we held meetings with our key TO accounts in the Netherlands. Please find the detailed meeting report April 22, 2013 Tourism Staff Reports 10 a-g 18 ( opt-.%tot0kl/rul ; ar,”4,,�" Vwr ■r eoPx`e attached. • Ferienmesse Vienna: Participated in the consumer show taking place in Vienna on January 10 - 13, 2013 with brochure distribution through Visit USA Austria. The fair reported 147.759 visitors this year. • CMT Stuttgart: Attended the consumer show from January 12 - 20, 2013. Total amount of visitors is 21 1,000, which is a slight decrease of 6 % compared to 2012. One reason might be the severe weather conditions in Germany during the show, including snow and glaze. • Ferienmesse Velden: Participated in the consumer show taking place in Velden, Austria on January 19, 2013 with brochure distribution through Visit USA Austria. The fair counted around 1600 visitors this year. • TravelExpo: Participated with brochure distribution at the consumer show in Lucerne, Switzerland, from January 25 - 27, 2013. The show counted a total amount of visitors of 22,000, which is a slight decrease compared to last year. The brochure distribution was at no additional costs for NAP • Ferienmesse Linz: Participated in the consumer show taking place in Linz on January 25 - 27, 2013 with brochure distribution through Visit USA Austria. Total amount of visitors was 16.572 this year. • Reisen Hamburg: Participated in the consumer show taking place in Hamburg on February 06- 10, 2013 with brochure distribution through Visit Florida. The total count of visitors was 78,000. • Free Munich: Attended in the consumer show taking place in Munich on February 20- 24, 2013. The fair counted a total number of visitors of 110,000. • Ferienmesse Basel: Participated in the consumer show in Basel taking place on February 22- 24, 2013 with brochure distribution though the Lufthansa City Center travel agency Media Reisen, which was the USA specialist on the show. The participation was at no additional cost. • ITB: Participated in the show for the entire time including trade and consumer days. The show counted 10,086 exhibitors from 188 countries, some 110,000 trade visitors and more than 60,000 consumers. We held meetings with our key TO accounts and other tourism partners. Please find a detailed meeting report attached. Participated in the Visit April 22, 2013 Tourism Staff Reports 10 a-g n 19 0,,«41 40 Ma totLlarnl tiwrracic^x Florida evening event in the PanAm Lounge on March 7, 2013 and to which trade partners such as TOs and media accounts o Travel Agent Functions • Visit USA Seminar Switzerland: Attended the Visit USA seminar taking place in Zurich on January 30, 2013. In total 403 travel agents from all over Switzerland attended the day event which was set up in a travel mart style. • Visit USA Seminar Austria: Participated in the Visit USA Austria seminar that took place in Vienna this year again, on January 31, 2013. In the afternoon we held a 20 minutes training workshop for a total of 80 agents. The evening event was a travel mart followed by a dinner with interviews of participating partners. In total, 153 agents attended the evening event. MEDIA o Event: • Attended Visit USA Media breakfast at ITB, which took place on March 8, 2013. In total, 130 media contacts attended the event. ADMINISTRATIVE/OTHER o Brochure fulfillment: 102 in total o Preparation for ITB, including: Appointment schedule and preparation of meeting notes, preparation of market overview, preparation of TO inventory, ITB meeting follow ups and preparation of meeting report Marketing o Mailings: • Quarterly NAP Newsletter: Sent out quarterly NAP newsletter to 2053 travel agents in Germany, Austria and Switzerland on February 14, 2013. The Newsletter had a Valentine's Day theme and featured the most romantic spots in the area. o Online Activities: • Visit USA Austria: Secured and realized one additional page on the website foc to include the Everglades, which adds up to 3 pages about NAP. • Sunshine State Network: Met with the owner of the non-profit organization SunshineState Network. They operate a bilingual April 22,2013 Tourism Staff Reports 10 a-g � k s'" 20 brio lc Napk,mot,OkLUI I 44r tr. website with information and news about Florida. Their bi- monthly newsletter addresses 4,100 people and their facebook page has currently 3,080 followers. Agreed to cooperation and secured multiple articles in their newsletter. Extended NAP appearance on their website to include Everglades City. Currently, Naples, Marco Island & the Everglades are shown on their own sites. • German Website: Launched new tour operator links where available for a direct access to their online product. SUMMARY OF EVENT ACTIVITIES Shows o VAKANTIEBEURS • Dates: January 08-13, 2013 • City: Utrecht • Location: VNU Exhibitions Europe • Profile of attendees: TO partners, trade visitors • Feedback: Attended the show from January 8-13, 2013, including the trade day and the consumer days. Scheduled and held appointments with our key TO partners in the Netherlands and handled follow up. This year the show counted a total of 102,393 visitors which meant a decline of 19.1% compared to previous year when the show welcomed 126,551 visitors. All in all the outcome of the show was moderate. We held productive 0 meetings, however the Visit Florida lunch was missing which always opened us a good, additional networking platform. Unfortunately the trade day was overshadowed by the funeral of Rob de Bruijn, the previous Product Manager at OAD Reizen, who passed away very suddenly. Some of the Dutch USA Product Managers did therefore not attend Vakantiebeurs this year because they were at the funeral which was at the same day as the trade day. The outcome of the consumer days was pretty good. Even though the numbers of visitors was less compared to the previous year, the consumers visiting our booth were very interested in Florida and either already had booked a flight/trip or were planning to spend their holidays in Florida. As we were the only CVB participating during all consumer shows, it was a good opportunity for us to promote NAP as a beach option at the Gulf Coast and once again increase awareness of the destination. Looking at the result of our participation at the show, April 22, 2013 Tourism Staff Reports 10 a-g ": yr n 21 i",,ZC d sl%`N I stck t«tflrl s we stay with our suggestion to fully attend the show every other year only. o FERIENMESSE VIENNA • Dates: January 10 - 13, 2013 City: Vienna, Austria • Location: Fair Vienna • Profile of attendees: A total amount of 147.759 consumers visited the fair this year • Feedback: We participated with brochure distribution through Visit USA Austria who has a USA stand at the fair. Through PhaseV we shipped a total of 600 German Visitor Guides and 150 Visitor Maps for the consumer shows, Ferienmesse Vienna and Ferienmesse Linz and Ferienmesse Velden. The fair received very positive feedback in the press and participants have perceived the fair to be successful. Most important travel show in Austria. o CMT Stuttgart • Dates: January 12-20, 2013 • City: Stuttgart, Germany • Location: Fair Stuttgart • Visit USA booth members: Visit California, Explorer Fernreisen, The Beaches of Ft. Myers & Sanibel, Fairflight, Great Lakes, Wiechmann Tourism Services, Best Western, Kansas & Oklahoma, Faszination Fernweh, United Airlines, My Travel Tours, Discover New England, Utah & Colorado. • Profile of attendees: The fair reported 211,000 visitors in total. As expected the weekends were far more frequented than the rest of the week. In general, the weekends were visited younger people and families, whereas the "seniors" visited the fair during the week. People partially travelled for over an hour, which shows the importance of the fair to them. The visitors were spread into all age groups and obviously all income ranges as well as social statuses. • Feedback: Like last year, the set up of the booth was very nice and could be recognized from far away. The slight decrease of visitor numbers was more due to severe weather conditions in the area than lack of interest of the people, as it remains the largest fair for leisure travel and tourism in Europe. Among the people visiting the NAP booth were many repeaters and regulars. However, there were also many first-timers, to Florida and to NAP, which gladly received as much information as they could get. Most of them include NAP into a roundtrip through Florida with the Everglades being the biggest pull factor. Yet, after talking to them, a lot considered April 22, 2013 Tourism Staff Reports 10 a-g y £ 2 2 1(1 4 1:F Q( af4tw tot U taland staying some more days in the NAP area, happy to have found a place that is neither crowded nor big and loud. To be mentioned is the increase in younger people (35 and younger) that are interested in the NAP area. In total we have distributed 600 visitor guides and 500 maps plus 20 golf guides. In addition, we distributed the flyers promoting South Florida with Explorer Fernreisen, which was produced mainly for the consumer shows. At no additional costs, we distributed a flyer in cooperation with Canusa, promoting beach holidays and vacation homes in Naples, as well as a flyer highlighting golf vacation in Naples in cooperation with Faszination Fernweh. On 4 days of the show, a USA presentation was held at the booth including a raffle based on general knowledge questions about the US. For this, we have sponsored 4 goody bags with NAP giveaways. o FERIENMESSE VELDEN • Dates: January 19, 2013 • City: Velden, Austria • Location: Fair Velden • Profile of attendees: The show is the biggest travel show in the area of Karnten and counted over 1,500 travel experienced and interested consumers this year. • Feedback: We participated with brochure distribution through Visit USA Austria at the USA stand. Through PhaseV we shipped a total of 600 German Visitor Guides and 150 Visitor Maps for the consumer shows, Ferienmesse Vienna and Ferienmesse Linz and Ferienmesse Velden. o TRAVEL EXPO • Dates: January 25-27, 2013 • City: Lucerne, Switzerland • Location: Fair Lucerne • Profile of attendees: The fair counted a total 22,000 visitors (consumers) this year. • Feedback: We have participated with brochure distribution at the North America stand which was a joint project of TravelExpo and the Swiss tourism network travelexchange.ch. Although there was a overall decrease in visitor numbers, the USA booth has distributed the same amount of brochures like last year. Prior to the fair, the press has mentioned the USA booth very positively. We have ordered 100 German visitor guides via PhaseV and the distribution was at no additional cost for NAP. o FERIENMESSE LINZ • Dates: January 25-27, 2013 April 22, 2013 Tourism Staff Reports 10 a-g 234N0,4,1p1r,'AAA • City: Linz, Switzerland • Location: Fair Linz • Profile of attendees: A total amount of 16,572 consumers visited the fair. • Feedback: We participated with brochure distribution through Visit USA Austria at the USA stand. Through PhaseV we shipped a total of 600 German Visitor Guides and 150 Visitor Maps for the consumer shows, Ferienmesse Vienna and Ferienmesse Linz and Ferienmesse Velden. The Ferienmesse Linz is, after Vienna, the second most important tourism show in Austria and is gaining importance year after year. Hosts as well as exhibitors have been very satisfied with this year's show. o REISEN HAMBURG • Dates: February 06-10, 2013 • City: Hamburg • Location: Fair Hamburg • Profile of attendees: The fair reported more than 75,000 visitors (consumers) in total • Feedback: The fair has received excellent feedback and exhibitors have been more than satisfied with the show. Visitor numbers and profile has been beyond expectations, as the number of visitors increased by over 10,000 people. We have ordered print material via PhaseV and distributed 400 visitor guides and 300 maps during the show through the Visit Florida stand. o F.RE.E. • Dates: February 20-24, 2013 • City: Munich • Location: Fair Munich • Visit USA booth members: Visit California, The Beaches of Ft. Myers & Sanibel, Fairflight, Great Lakes, Wiechmann Tourism Services, Best Western, Kansas & Oklahoma, Faszination Fernweh, My Travel Tours, Discover New England, Utah & Colorado, Visit Florida, • Profile of attendees: In total 110,000 consumers have visited the show, a slight decrease to last year. • Feedback: This year, we have personally attended the f.re.e. in Munich. Although the first two days of the show (Wednesday & Thursday) were rather slow, visitor numbers have picked up on the weekend. Ultimately, we are satisfied with the outcome of the show. The visitors have been interested in Naples Marco Island Everglades and the location right next to the Visit Florida stand created great synergies.. In total, we have distributed 300 visitor guides and 300 maps. We secured foc flyer with Faszination April 22, 2013 Tourism Staff Reports 10 a-g 24 kirk-.Mart Wanit 14# LVV1414$14"Ic Fernweh, Canusa and Fairflight including various Naples hotel, vacation home and golf offers to be distributed during the show o FERIENMESSE BASEL • Dates: February 22-24, 2013; City: Basel; Location: Fair Basel • Profile of attendees: 30,000 in total - consumers • Feedback: We have participated with brochure distribution. The travel agency Lufthansa City Center in Basel participated with an own booth at the show and was the USA specialist on the show. o ITB • Dates: March 06-10, 2013 • City: Berlin • Location: Fair Berlin • Visit Florida booth members: The Beaches of Fort Myers and Sanibel, Palm Beach, Miami CVB, Visit Florida, Ft. Lauderdale, The Florida Keys & Key West, Panama City, Visit Orlando with Universal Orlando and Disney, Visit St. Petersburg & Clearwater with SeaWorld, Bradenton/ Anna Maria Island, Space Coast, Florida Keys & Key West, • Profile of attendees: From March 06-08 inclusive the show was for trade visitors only. On Saturday and Sunday, the show was opened to the public. In total the show welcomed 110,000 trade visitors during the first three days. During the weekend 60,000 consumers visited the show. Feedback: Besides attendance at the trade days including conduction of meeting with tour operators and other tourism partners, we attended the consumer days again. The USA hall was very well visited throughout both consumer days, with Saturday being a little busier. We felt a high interest in Florida not only on roundtrips. The visitors have also explained their wish to stay at one place for multiple days and do day trips instead of changing hotels every day. It was nice to hear that visitors have already made their travel plans and were now seeking for more in depth information. Therefore the consumers visiting our booth very much appreciated to receive further details on the Naples area. We received a lot of questions on the nature part of the area, on the possibilities to visit the Everglades National Park and what to do there. Although people are always interested in the airboat tours, they are willing to April 22, 2013 Tourism Staff Reports 10 a-g g, kaitIc8 Mart t4L n,l spend more time in the Everglades and experience something beyond the ordinary. We secured a FOC flyer with Fairflight Touristik including a NAP offer which we distributed during the consumer days. Additionally, we also participated in the Visit Florida evening event that took place in the Pan Am Lounge again on March 7, 2013. Visit Florida invited Florida industry members (about 150) to participate in this event and offered a networking platform for the Florida CVBs. In was the second year now that Visit Florida organized this event which replaces the traditional Leibnitz Klause event. Same as last year, the event was well visited by the industry partners and received again very positive feedback. 4- Workshops o VISIT USA SEMINAR SWITZERLAND • Dates: January 30, 2013 • City: Zurich, Switzerland • Location: Movenpick Hotel Regensdorf SUMMARY OF MARKETING ACTIVITIES 4- German Website: o We started to collect the links from the German tour operators' sites for our own homepage. The operators have a very different use of this tool: some of them are able to give a link that only shows hotels from the Naples' area, others are only able to provide a link to the entire Florida program. With all of them we have the challenge that the user will be able to move on to other product from the starting page. We will start to install the ones that work out fine for us and discuss further with the others at ITB. o Provided Jack Wert with those links to the tour operator product which work out fine for us. They have been implemented by their web team. Missing tour operators will be followed up with at ITB. A new addition will be Knecht Reisen for the Swiss market as we had several promotions with them these last months. o Those links that work out for us are implemented; we will go on with more to come. 4- Mailings: o Quarterly NAP Newsletter: Was sent out on February 14, 2013. The April 22, 2013 Tourism Staff Reports 10 a-g 1 Qv.t+ier.Mot ttit anti Newsletter had a Valentine's Day theme. 4 Online Activities: o SunshineState Network: In total, we have published 3 articles in 2 newsletters in January and March which was each sent out to over 4.100 people. The articles featured the Everglades City Seafood Festival & PGA Champion Tour ACE Group Classic, as well as Keith Bellows recommending the Dolphin Explorer. o Facebook: Continuous maintenance of the website, including a deeper interaction with the "fans". As of today, out site counts 4,107 followers. The statistics are going to be analyzed in cooperation with Henry Hollingsworth from Paradise. o Fvw e-learning • Provided input for the e-learning section "films&movies". In cooperation with Maggie McCarty we have forwarded a list with TV appearances of NAP. • The winner of the Raffle was drawn in February and the ipad was sent to her. The winner is the agent Nina Steinmann, DERPART Wimke Reisewelt in Kassel. • Evaluated the e-learning report which includes the visitor numbers up until February. Starting last December, there is a slight decrease of unique visitors and also time spent on our site. In February, only 47 unique visitors took part in our e- learning tool, which adds up to 3%. In the first month (October 2012) we have reached 15%! Since launching the e-learning, 450 agents have participated in our training. Please find a detailed report attached. Airberlin campaign: o Assisted with the new marketing proposal for the spring campaign; contacted German office to see what input they need from our side this time. SUMMARY OF MEDIA ACTIVITIES 4. Press Requests/Inquiries o Ab in den Urlaub: Provided the online travel agency with access to our online image database. They plan to include the Everglades into their customer's magazine issue in May. 4 Press Functions o Visit USA / Brand USA media breakfast seminar: JW and SP attended the event which took place at ITB on March 8, 2013. The event was April 22, 2013 Tourism Staff Reports 10 a-g 27,yti C O�ks rr rs i%iancl Fiats >a"> rk°t .rait. tr, vsxiree ..",,. set up in form of a networking session. Every participating partner had a stand up bistro table with a logo displayed. Journalists and media contacts had the chance to see us at our table while there was a buffet breakfast set up. In total about 120 journalists attended the event. We prepared USP sticks including the new German press kit in order to distribute them among interested media contacts. We had the chance to speak to 11 contacts who were interested in updates of the Naples area and made the follow up after the event. Even though, the event did not result in a concrete press feature yet, we think the event opened a good opportunity to show the presence of NAP among the media contacts who were from all over Germany. SUMMARY OF ADMIN ACTIVITIES Event Preparation o Preparation for consumer shows January- March 2013 o Preparation for Visit USA TA events in January 2013 o ITB: TO Screening, Market Trends, Brand USA events preparation o Preparation of Visit Florida roadshow taking place April 15-19, 2013 o Preparation of personal fam trip Ramona Oehler April 07-10, 2013. Communication with Naples Partners o Informed Robert Pfeffer from the Marriott Marco Island about "Golf Travel Networks", a German tour operator specialized in "golf-pro- trips" that is planning to set up a pro-fam-tour to Florida in November. Sent out a friendly reminder in January and also after ITB as Mr. Jacobi did not hear back from him. o Requested one free night stay plus sight inspections for German Visit Florida rep prior to her visit at Huddle. Contacted Cathy Christopher, Inn on Fifth, Caroline Kissel, Hilton NAP, Jen Miller, Ritz Carlton, Charles Mullins, NBH, Maureen Bennett, Waldorf and Edgewater. NBH has offered comp stay, the others have offered a site inspection o Established contact between Hilton Naples Caroline Kissel and Dutch TO American Vacations Harry van Os to discuss details about his fam trip to NAP o Contacted NBH Wendy Cole, Inn at Pelican Bay, Steven Gyorkos, Doubletree Naples, Jennifer Robbins and Hilton Marco Island Rizwan Ansari regarding comp nights for Ramona's personal fam trip. Further, contacted Park Shore Resort, Jen Friede, Gulfcoast Inn Naples, JJ Dinunzio, Marco Ocean Beach Resort, Robert Fesik, Sea Excursions Dolphin Explorer, Lee Yaggi regarding site inspections April 22, 2013 Tourism Staff Reports 10 a-g 3xrssrtnftY and tours. o Contacted Bellasera, Doubletree, Hilton Marco Island, Hilton Naples, Inn at Pelican Bay, Inn on Fifth, Marriott Marco Island, NBH, and Ritz Carlton and requested updated images of the properties to be included into the NAP training presentation o Paradise Advertising: Coordinated with Paradise Advertising the ad including QR tag for the Neckermann Reisen truck promotion and discussed possible images that will be used for the ad. o Paradise Advertising: Provided Henry Hollingsworth with detailed report about activities on the German Naples facebook fan page. o Contacted Sunstream Hotels Jen Friede, Hilton Naples Caroline Kissel, Inn at Pelican Bay Steven Gyorkos and Trianon Olde Naples Debra Lugrin regarding their interest in sponsoring a 2 night comps stay certificate for the raffle during the Visit Florida Roadshow. Brochure Fulfillment o Inquiries generated through website: 30 o Direct inquiries: 22 o Sent 10 German visitor guides and 10 maps to Canusa TA in Stuttgart to be distributed with their travel documents o Sent 40 visitor guides, maps and preferred passes to Eike Knall, who is working for the German radio station Antenne 95.1 in Frankfurt. He will be getting married at the Ritz Carlton Naples on December 31, 2013. April 22, 2013 Tourism Staff Reports 10 a-g A f 29 AZ.(k:Atlitn.Ata.notitari+l °N,W t rIgt rto, VISITOR (.:FINTER REPORTS-- NalleN Kerns, • FAM Trips to Harmon-Meek Gallery for 20 volunteers and Naples-Fort Myers Greyhound Track for 20 volunteers. • Everglades Chamber of Commerce Visitor Center is being managed by Elaine Middlestaedt, the new President of the Everglades Chamber of Commerce. They are still distributing materials on Collier County and they have paid staff to assist visitors. The visitor center has scaled back on the items that they sell to visitors. • Immokalee Chamber of Commerce Visitor Center has opened up in a new location. The visitor center is next to the previous facility and is part of the Florida Community Bank. Bernardo Barnhart, President of the Immokalee Chamber of Commerce, continues to do an outstanding job recruiting new Chamber members and promoting the new visitor center. The main challenge has been getting volunteers in the Immokalee community to staff the visitor center. • Big Cypress Oasis Visitor Center and Welcome Center and Everglades Visitor Center have experienced a drop in visitors this season. Conversations with both groups indicate that traffic is down on Tamiami Trail from visitors heading east from Miami because of major construction on that road. • Attended RSVP Board Meeting and assisted with the RSVP annual luncheon which was held at the Parks & Recs facility. There were 200 community volunteers who attended and Commissioner Hiller spoke. • Assisted Cecily Truett and Brenda O'Connor with a Collier County video that will run in the Naples Visitor Center. • Attended United Arts Council Arts-Mart reception for the grand opening of their new facility. • Attended TDC meeting, Chamber staff meeting, Wake Up Naples and CVB tourism luncheon meetings. April 22,2013 Tourism Staff Reports 10 a-g 0444c, %tot o Wand � '.. 5t a;f�i�s�s.t fexta,��a�a=� w_ '�� Wt • Coordinated Business of the Month, Chapel Grill, for The Chamber and Board of County Commissioners. • Distributed materials to Collier County visitor centers. • Managed operations of Naples Visitor Center. This is a positive part of my job since I am able to communicate current information on Collier County events, attractions, etc. to all the Naples Visitor Center volunteers. • Took several days off to enjoy Naples with my niece who vacationed here from Indianapolis! YTD Visitor Center Statistics Jan-13 Jan-12 Feb-13 Feb-12 Mar-13 Mar-12 Big Cypress 5,736 6,401 7,950 7,943 8,693 7,226 Oasis 13,941 13,601 13,542 17,595 13,632 16,638 Everglades 9,225 11,000 8,424 12,840 12,991 18,300 Immokalee N/A 198 N/A 227 N/A 361 Marco 942 1,033 1,159 1,465 1,121 1,011 Naples VIC 5,379 4,397 5,605 5,399 5,015 4,383 TOTAL 35,223 36,630 36,680 45,469 41,452 47,919 2 i O O o o O o o O O O cn 0 N .�- i a N — o V O 'p 7 o O O O O W O I� O O 0� F,� O� W I� r 7 O M N y M t, V1 , N N C y PO YS O a. 7 fn Q O a' O_ a) ..w y O O o o h v1 N o o O Ce v E O M N vl O 00 00 el te O 2 a N U) (NV N CD a o o O o o O o o O o .� d N a N O Q Q p R d C C s a.cip z z z a z z z z z 0. - -6 G M M M V 7 M V - ch d � m m C - _ o — V cr .-. .. MM Cl)W o o O O O O O N O O O O O O O + — ces r.. N ,,,,� N N N N N M O N N N O O N N N N O O d N ^ O� N V 00 O� N N Vt Q+ N N n O+ O V' N N > > N .-. \O \O N N N V1 00 N N N N N �/ W W Zr- V N N VD b ,0 Zr- t N s 1 U r■ G 0. 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B • 0 . 2 0 a of ¢` of Z F 3 , U Naples Marco Island Everglades CVB Detailed Staff Reports 11 Task Report 16 of 46 Created - Between 3/15/2013 - 4/12/2013 Task Assigned User: Debi DeBenedetto Create Account Name Task Type Status Due Date Closed Date Closed by User Date Contact Name 3/25/2013 American Bar Association Sales-Send Sales Kit Open 3/25/2013 Nicolina Mangano sent Rfp to hotels for 2014 group,sent sales kit 3/20/2013 American travel Company Sales-Assisted Tour Closed 3/20/2013 3/20/2013 Debi DeBenedetto Operator Elena Gubareva email and assist tour operator and sent lead to hotels 3/19/2013 Associated Construction Sales-sent rfp to partner Open 3/27/2013 Distributors international Linda Phipps sent sales kit sent rfp to hotels dmc lead Naples Site April 8 check back in 3/20/2013 Conference Direct/Victor Dinh Sales-Assisted Mtg Closed 3/20/2013 3/20/2013 Debi DeBenedetto Planner Victor Dinh assisted planner for 200 peak rooms Waldorf called Waldorf offered site incentive for Rfp 4/1/2013 ConferenceDirect/S.Swanson Sales-sent rfp to partner Closed 4/1/2013 4/1/2013 Debi DeBenedetto Sandy Swanson Cvent Rfp and planner assist provided 3/20/2013 Council on Occupational Education Sales-sent rfp to partner Closed 3/20/2013 3/28/2013 Debi DeBenedetto sent rfp to hotel-email with planner-CVB assist 4/8/2013 Debi's Activity Tracking Account Sales-Fam Itinerary Open 4/8/2013 Debi DeBenedetto Final HB Fam info out to planners. follow up with sponosrs 4/10. Event begins 4/20 4/10/2013 Debi's Activity Tracking Account Sales-RFP follow up Open 4/10/2013 Debi DeBenedetto 1 have spent 4 hours today processing Rfp enhancements, letters,add to idss,approvals,emails,save etc. 2 hours on tourism awards-questions,problems,cancels,issues with website. Worked on Encounter spreadsheet for planners for registration HB Fam final info sent to partners 4/8/2013 Debts Activity Tracking Account Sales-Meeting/Show/ Open 7/8/2013 Conference Debi DeBenedetto Secure sponsorship for lunch for SMU,get advetorial and 2page spread plus booth plus plus and 40 planners at event. 3/22/2013 Debi's Activity Tracking Account Sales-Meeting/Show/ Closed 3/22/2013 3/20/2013 Debi DeBenedetto Conference Debi DeBenedetto Sales meeting with 22 hotel sales staff 3:30-5 3/22/2013 Debts Activity Tracking Account Sales-Sales Event Closed 3/22/2013 3/22/2013 Debi DeBenedetto updated 3 leads,assigned new idss partners.general emails all day as ususal everyday. Task is assigned to multiple people Printed: 4/12/2013 Copyright©2004-2013 iDSS.All Rights Reserved. Page: 1 of 7 April 22,2013 Task Assigned User: Debi DeBenedetto Detailed Staff Reports 11 Create Account Name Task Type Status Due Date Ctldseeit6ate Closed by User Date Contact Name 3/22/2013 Debi's Activity Tracking Account Sales-Meeting/Show/ Closed 3/22/2013 3/22/2013 Debi DeBenedetto Conference Debi DeBenedetto Follow up on sales meeting 3/25/2013 Debi's Activity Tracking Account Sales-Assisted Tour Closed 3/25/2013 3/25/2013 Debi DeBenedetto Operator From:Naples CVB European Office Sent 3/25/2013 12:09:15 PM To:DeBenedettoDebi CC: Subject Contact deatails vacation homes Ml Dear Debi, I hope this ema/ls finds you well and you had a nice weekend. We met Hotelplan/Skytours(Swiss TO)during ITB this month and they would be interested in adding vacation homes on Ml to their brochure. Therefore I was wondering if you perhaps have any contacts with one of the vacation homes companies we could Hotelplan provide with in order to get in touch with them directly for further discussion? Looking forward to hearing from you soon and wishing you a lovely day, Stefanie paradise coast horizjpg Stefanie Paul European Representative T +49 71191257610 F +49 71191257611 M +49 162 281 4898 E HYPERLINK"mailto:naples@diamonde.de"naples@diamonde.de S stet Paul W HYPERLI NK'ht tp.//www.paradisecoastde"www.paradisecoastde c/o DiaMonde e.K. Konigstr. 10 b/6. OG D-70173 Stuttgart Geschaftsf(hrung:Natasa Manic,Handelsregister HRA 722594 Stuttgart 3/28/2013 Debi's Activity Tracking Account Sales-Sales proof copy Closed 3/28/2013 3/27/2013 Debi DeBenedetto Debi DeBenedetto Reviewed 18 employee application for several hours and evaluated for interviews and hires 3/28/2013 Debi's Activity Tracking Account General-Meeting Closed 3/28/2013 3/27/2013 Debi DeBenedetto Debi DeBenedetto staff meeting 1 hour 3/22/2013 Debi's Activity Tracking Account General-Continuing Closed 3/22/2013 3/28/2013 Debi DeBenedetto Education Debi DeBenedetto Attended County HR KRA evaluation supervisory class all day. 3/28/2013 Debi's Activity Tracking Account General-Meeting Closed 3/28/2013 3/28/2013 Debi DeBenedetto *Task is assigned to multiple people Printed: 4/12/2013 Copyright©2004-2013 iDSS.All Rights Reserved. Page: 2 of 7 Aprli z2,2013 Task Assigned User: Debi DeBenedetto Detailed Staff Reports 11 Create Account Name Task Type Status Due Date CiditetNBate Closed by User Date Contact Name Debi DeBenedetto p card training meeting 3/28/2013 Debi's Activity Tracking Account Sales-RFP follow up Closed 3/28/2013 3/28/2013 Debi DeBenedetto updated meeting status with planners and hotels 4/8/2013 Debi's Activity Tracking Account Sales-site with client Closed 4/8/2013 4/8/2013 Debi DeBenedetto Debi DeBenedetto Spent 2.5 hours with Ramona Ohler Diamonde German rep,idss,lunch and destination overview 4/8/2013 Debi's Activity Tracking Account General-CVB event Closed 4/8/2013 4/8/2013 Debi DeBenedetto Debi DeBenedetto spent an hour dealing with tourism awards today 4/8/2013 Debi's Activity Tracking Account Sales-Meeting/Show/ Closed 4/8/2013 4/8/2013 Debi DeBenedetto Conference Debi DeBenedetto One hour conference call with Oonagh IAGTO and send out registration form. 4/8/2013 Debi's Activity Tracking Account General-CVB event Closed 4/8/2013 4/8/2013 Debi DeBenedetto Debi DeBenedetto Spent 6 hours doing interviews in the last few days and calling for interviews,sending messages and compile info for HR. 4/10/2013 Debi's Activity Tracking Account Sales-site with client Closed 4/10/2013 4/9/2013 Debi DeBenedetto Debi DeBenedetto VF Meeting in AM Site with CLient Linda Phipps all day emails 3/20/2013 Eisenman&Associates Inc Sales-sent rfp to partner Closed 3/20/2013 3/20/2013 Debi DeBenedetto Rick Eisenman,CAE sent rfp t hotels,called planner,sent sales kit-email info 3/18/2013 Helmsbriscoe/Jean Wry Sales-sent rfp to partner Closed 3/18/2013 3/18/2013 Debi DeBenedetto Jean Wry added act and sent rfp to hotels 3/15/2013 HelmsBriscoe/L.Morgan Sales-sent rfp to partner Closed 3/15/2013 3/28/2013 Debi DeBenedetto sent rfp and communicated with planner via cvent 3/20/2013 HelmsBriscoe/D Higham Sales-Assisted Mtg Closed 3/20/2013 3/20/2013 Debi DeBenedetto Planner David Higham planner contact HB invite 3/20/2013 HelmsBriscoe/J.Caine Sales-sent rip to partner Closed 3/20/2013 3/20/2013 Debi DeBenedetto Janet Caine sent Rfp also sent Fam invite for HB and sent sales kit-put act into idss 3/20/2013 IMN Solutions Sales-sent rfp to partner Closed 3/20/2013 3/20/2013 Debi DeBenedetto Jacqueline Wolfe sent rfp to hotel Cvent lead repeat planner to CVB 3/22/2013 LaPlaya Beach&Golf Resort General=Followup Call Closed 3/22/2013 3/22/2013 Debi DeBenedetto Kathleen Patton added new idss admin and contacts to list sent out Rfps updated Lap/aya status Task is assigned to multiple people Printed: 4/12/2013 Copyright©2004-2013 iDSS.All Rights Reserved. Page: 3 of 7 April 22, 2013 Task Assigned User: Debi DeBenedetto Detailed Staff Reports 11 Create Account Name Task Type Status Due Date CI6Setreate Closed by User Date Contact Name 4/11/2013 Marco Island Marriott Beach Event Sales Task Open 9/11/2013 Resort,Golf Club&Spa Debi DeBenedetto Ask for Service est put rfp in idss 4/11/2013 Marco Island Marriott Beach Event Sales Task Open 7/11/2013 Resort,Golf Club&Spa Debi DeBenedetto added rfp enhancement to idss. Request service est due date 4/11/2013 Marco Island Marriott Beach Event Sales Task Open 5/27/2014 Resort,Golf Club&Spa Debi DeBenedetto rfp enahncement-service estimate needed task date 4/11/2013 Marco Island Marriott Beach Event Sales Task Open 11/11/2013 Resort,Golf Club&Spa Debi DeBenedetto get service est,rfp enhancement idss update 3/29/2013 Meeting Solutions Inc Sales-sent rfp to partner Closed 3/29/2013 3/29/2013 Debi DeBenedetto Jennifer Whiting Added idss acct.sent email,sent sales kit,sent Rfp to hotels,respondedd in CVent 4/1/2013 Naples Marco Island Everglades Sales-Assisted Tour Open 4/1/2013 CVB Operator Debi DeBenedetto From:Lori Frank Sent:4/1/2013 3.30:19 PM To:DeBenedettoDebi CC: Subject:Perkiomen Tours,February 2074 Hi Debi, I am a tour operator planning a motorcoach tour to the Naples and Marco Island area for February 2014. My approximate arrival date in your area is scheduled for Monday,February 24,2014. As of now,I am planning on being in Naples for 4 nights. lam not familiar with the area and I do need help planning my itinerary. Do you provide that service,or can you tell me who I should contact? Thank you, Lori Frank Perkiomen Tours 875 Main Street Pennsburg PA 18073 HYPERLINK"mailto:Ifrankgperkiomentours.com"ffrank@perkiomentours.com (215)679-4434 phone (215)541-9583 fax 3/18/2013 Naples Marco Island Everglades Sales-Assisted Tour Closed 3/18/2013 3/28/2013 Debi DeBenedetto CVB Operator Debi DeBenedetto From:WertJack Sent 3/17'2013 6:10:38 PM To:DeBenedettoDebi CC: Task is assigned to multiple people Printed: 4/12/2013 Copyright©2004-2013 iDSS.All Rights Reserved. Page: 4 of 7 April 22, 2013 Task Assigned User: Debi DeBenedetto Detailed Staff Reports 11 Create Account Name Task Type Status Due Date Clifisobleate Closed by User Date Contact Name Subject.FW:Reg]:co-opertaion Do you have suggestions for assisting this Russian tour operator for a beach front property with apartment style accommodations.Maybe on Marco? Jack W. Wert,Executive Director Naples,Marco Island,Everglades Convention&Visitors Bureau 2800 N Horseshoe Dr*Naples,FL 34104 (0)239-252-2402*C)239-404-1682 Visit Florida's Paradise Coast Original Message From:Elena[mailto:eena @americantravel.ruj Sent Friday,March 15,2013 1:53 PM To:WertJack Subject:Re[2j:co-opertaion Dear Jack, Thank you very much for your soonest reply. I prefer to get more experience in the beach properties. If we can look for 1 hotel with is condo-style or appan'ment(which is mostly used for families)and the other one luxury property(as lot of our client look for the best and high end hotels)it will be the best offer. Usually our clients stay in Ritz hotels.But I sure you know the destination better and we are ready to taste something else. Have a nice week-end. Sincerely yours, Elena Gubareva Executive Director mailto:elena@americantravel.ru American Travel Company www.americantra vel.ru build.1, 14,1st Truzhenikov per.,Moscow, 119121,Russia tel fax +7(495)646-05-35 mobile +7(925)506-13-55. W>Thank you for contacting me. Yes we will be attending Pow Wow again this year in Las Vegas. W>We will be happy to suggest some hotels and attractions for your W>manager to visit.Are you interested in beachfront properties or W>inland as well?Also,are you interested in luxury properties,or all price ranges? W>Jack Wert W>Naples Marco Is.Everglades CVB W> Sent from my/Pad W>On Mar 15,2013,at 12:48 PM, "Elena" W><el enaiaamericantravel.ru<mai lto:elenagamericantravel.ru>>wrote: W>Dear Jack! W>It was great pleasure to meet you during POW WOW last year and hope to see you this year too. W>During last summer we have done lot of booking on Mexican Gulf coast W>and this year nearly all our clients have asked us again to make W>bookings in Clearwater, Treasure Island,Naples and Sarasota. W>In this case I decided to send one of my leading managers to taste W>the atmosphere and come back to us with new ideas and goos knowledge of destination. W>I would be very much obliged if you could kindly help us to W>make best itinerary for 8 days trip. W>Preliminary we decided to spend the time as follows *Task is assigned to multiple people Printed: 4/12/2013 Copyright©2004-2013 iDSS.All Rights Reserved. Page: 5 of 7 April 22, 2013 Task Assigned User: Debi DeBenedetto Detailed Staff Reports 11 Create Account Name Task Type Status Due Date ClbsetIUate Closed by User Date Contact Name W> 16/04-20/04 Cleawater W>20/04-23/04 Naples W>l will be very much obliged if you could kindly give me contacts of W>sales managers of recommended hotels and give some ideas for W>program.Hope to get special offer for travel agent. W>My manager Yanina Demirkush will go with her family as I'm sure that W>this destination is very nice offers for family leisure and we feel W>that interest to this region is growing up. W><mailto:elena@aamericantravelru> W>Sincerely yours, W>Elena Gubareva W>Executive Director W>American Travel Company W>Visit USA Russia Active Member W> 14,build.1, 1st Truzhenikov per W>Moscow, 119121 W>tel/fax+7(495) 646-05-35, 730-58-99 W>mobile +7(925) 506-13-55. W> W>Under Florida Law,e-mail addresses are public records.If you do not W>want your e-mail address released in response to a public records W>request,do not send electronic mail to this entity. W>Instead,contact this office by telephone or in writing. 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. 3/28/2013 National School Boards Sales-sent rfp to partner Closed 3/28/2013 3/28/2013 Debi DeBenedetto Association Heather Eggleston Assisted planner,sent Rfp to hotels,sent sales kit and emailed planner 3/29/2013 National School Boards Sales-Send Sales Kit Closed 3/29/2013 3/29/2013 Debi DeBenedetto Association Heather Eggleston From:Eggleston,Heather Sent:3/28/2013 3:35:52 PM To:DeBenedettoDebi CC: Subject:RFP for NSBA COSA Conference--October 2015 Hi Debi, Kimball from the Fort Meyers CVB gave me your contact information and told me you are the person to contact to send an RFP out to the hotels in the Naples area. lam interested in checking availability and rates for a group meeting for October 2015 that wants to consider the Fort Meyer and Naples area. Please let me know if you have any questions or need additional information. *Task is assigned to multiple people Printed: 4/12/2013 Copyright©2004-2013 iDSS.All Rights Reserved. Page: 6 of 7 April 22, 2013 Task Assigned User: Debi DeBenedetto Detailed Staff Reports 11 Create Account Name Task Type Status Due Date C1123etleate Closed by User Date Contact Name Thanks for your help! Heather Heather A.Eggleston Manager,Meetings National School Boards Association 1680 Duke Street,Alexandria, VA 22314 Phone:703-838-6786 Fax:703-549-6719 heggleston@nsba.org www.nsba.org Copy of 2013-NSBA-Annual-webjpg Take the LEAP! Leadership.Education.Achievement.Progress. Join us for the NSBA Annual Conference in San Diego, CA-April 13-15 2013 www.NSBA.org/conference 4/12/2013 Site Search, Inc. Sales-sent rfp to partner Closed 4/12/2013 4/12/2013 Debi DeBenedetto Nine Crabtree Assist planner with group tour info and rooms for motor coach group seniors fall. Sent Rfp,update idss. 4/11/2013 The Bessenbacher Co Sales-sent rfp to partner Closed 4/11/2013 4/11/2013 Debi DeBenedetto Bill Croyle Assist planner,changes,idss,send rfp to hotels,other 4/11/2013 Waldorf Astoria Naples Event Sales Task Open 5/22/2014 Robin Sosnow Rfp enhancement granted-get service estimate Total Tasks: 42 Task is assigned to multiple people Printed: 4/12/2013 Copyright©2004-2013 iDSS.All Rights Reserved. Page: 7 of 7 03/31/2013 April 22, 2013 Detailed Staff Reports 11 23 of 46 Naples, Marco Island, Everglades CVB Call Summary by Toll Free Number For the month of March 2013 Toll Free Number #of Calls Minutes 800-2ESCAPE(800-237-2273) 15 44.92 PR-Editorial(800-688-3600) 48 171.43 Film Commission(800-349-5770) 0 0.00 International(239-225-1013) 8 22.72 Storm Information(800-785-8252) 0 0.00 Meeting Planner(800-830-1760) 0 0.00 Naples#1 (800-455-2604) 1 1.22 Travel Agent(888-409-1403) 0 0.00 Grand Total: 72 240.28 Phase V of Southwest Florida, Inc. Page 1 of 20 03/31/2013 April 22, 2013 Detailed Staff Reports 11 24 of 46 Naples, Marco Island, Everglades CVB Inquiry Summary by Purpose For the month of March 2013 Purpose Calls/Request Minutes Live Information 27 108.03 Special Fulfillment 107 24.60 Sports Council of Collier County Information 0 0.00 Guide Request 6,828 180.40 CVB Office Referral 8 17.22 Hang up 0 0.00 Wrong Number 0 0.00 Arts Culture&Heritage Guide 0 0.00 Bucket List 0 0.00 eNewsletter Signup 424 0.00 Meeting Planner 0 0.00 Storm Accommodations Info 0 0.00 Update Accommodations Info 0 0.00 Grand Total: 7,394 330.25 Phase V of Southwest Florida, Inc. Page 2 of 20 03/31/2013 April 22, 2013 Detailed Staff Reports 11 25 of 46 Naples, Marco Island, Everglades CVB Guide Request Summary by Guide For the month of March 2013 Guide #of Requests Quantity Area Map 215 215 Golf Guide 3496 3496 Meeting Planner Kit 13 13 Rack Brochure(Portuguese) 9 9 Rack Brochure(Spanish) 8 8 Visitor's Guide(English) 3304 3535 Visitor's Guide(German) 6 6 Grand Total: 7051 7282 Unigue requests for guides: 6828 Phase V of Southwest Florida, Inc. Page 3 of 20 03/31/2013 April 22, 2013 Detailed Staff Reports 11 26 of 46 Naples, Marco Island, Everglades CVB Guide Request Summary by Source For the month of March 2013 Current Year Last Year Source Month YTD %YTD Month YTD %YTD Leisure Markets 2,983 5,558 40.23% 434 7,928 63.73% Winter Northern Campaign 0 0 0.00% 0 2 0.02% Spring/Summer In-State Campaign 1 1 0.01% 0 18 0.14% Niche Markets 3,808 8,110 58.71% 2,048 4,035 32.44% Group Markets 10 10 0.07% 0 22 0.18% International Markets 0 0 0.00% 0 5 0.04% Miscellaneous 23 129 0.93% 1 430 3.46% Meeting Planners 3 6 0.04% 0 0 0.00% Grand Total: 6,828 13,814 2,483 12,440 YTD=Fiscal Year to Date Phase V of Southwest Florida, Inc. Page 4 of 20 I 03/31/2013 April 22,2013 Detailed Staff Reports 11 27 of 46 Naples, Marco Island, Everglades CVB Guide Request Summary by Leisure Markets For the month of March 2013 Media Month YTD %YTD Consumer Magazines AAA Florida TourBook 2009 Edition 3 3 0% Arthur Frommer's Budget Travel February 2009 0 0 0% Arthur Frommer's Budget Travel June 2011 0 0 0% Coastal Living(Added Value)April 2012 0 0 0% Coastal Living April 2012 0 0 0% Conde Nast Traveler February 2013 106 663 12% Florida Travel&Life May/June 2011 0 0 0% Florida Travel&Life May/June 2012 0 3 0% Midwest Living January/February 2010 0 0 0% Other/Unknown 7 35 1% Redbook Midwest October 2011 0 0 0% Southern Living January 2012 11 74 1% Consumer Magazines 127 778 Consumer Directories 2009 Official Florida Vacation Guide 0 0 0% 2010 Florida Insider Guide-Quick Check 0 0 0% 2010 Florida Insider Guide-Specific Target 0 0 0% 2010 Naples, Marco Island&the Everglades Visitors Guide 0 1 0% 2010 Visit Florida Magazine 0 3 0% 2010 Visit Florida Magazine-Quick Check 0 0 0% 2010 Visit Florida Magazine-Specific Target 0 0 0% 2011 Florida Insider Guide-Quick Check 0 3 0% 2011 Florida Insider Guide-Specific Target 0 1 0% 2011 Naples, Marco Island&the Everglades Visitors Guide 0 0 0% 2011 Visit Florida Magazine-Quick Check 0 0 0% Phase V of Southwest Florida, Inc. Page 5 of 20 03/31/2013 April 22, 2013 Detailed Staff Reports 11 28 of 46 Naples, Marco Island, Everglades CVB Guide Request Summary by Leisure Markets For the month of March 2013 Media Month YTD %YTD Consumer Directories 2011 Visit Florida Magazine-Specific Target 0 0 0% 2012 Florida Insider Guide-Quick Check 4 22 0% 2012 Florida Insider Guide-Specific Target 2 15 0% 2012 Visit Florida Magazine-Quick Check 27 473 9% 2012 Visit Florida Magazine-Specific Target 12 227 4% 2013 Florida Insider Guide-Quick Check 6 6 0% 2013 Visit Florida Magazine-Quick Check 272 272 5% 2013 Visit Florida Magazine-Specific Target 188 188 3% Florida Insider Guide April-September 2011 0 0 0% Visit Florida Magazine December 2010-September 2011 0 0 0% Consumer Directories 511 1,211 Consumer E-Marketing DestinationBrochures.com 6 31 1% Other/Unknown 3 13 0% ParadiseCoast.com 268 1,424 26% Miles Media Imports 267 1,396 Phone 1 27 info @paradisecoast.com 0 1 Interactive Text Chat 0 0 ParadiseCoast.com/Getaway Summer TAF 0 30 1% ParadiseCoast.de 0 0 0% Visit USA-France 0 0 0% Visit USA-UK 0 0 0% VisitFlorida.com 1 3 0% Consumer E-Marketing 278 1,501 Consumer Newspaper Americas Best Vacations Southeast Spring 2012 0 0 0% Phase V of Southwest Florida, Inc. Page 6 of 20 03/31/2013 April 22, 2013 Detailed Staff Reports 11 29 of 46 Naples, Marco Island, Everglades CVB Guide Request Summary by Leisure Markets For the month of March 2013 Media Month YTD %YTD Consumer Newspaper Other/Unknown 0 1 0% Visit Florida In-State Insert April 2012 0 0 0% Visit Florida In-State Insert June 2012 0 0 0% Visit Florida Out-of-State Insert February 2013 2,067 2,067 37% Consumer Newspaper 2,067 2,068 Grand Total: 2,983 5,558 YTD=Fiscal Year to Date Phase V of Southwest Florida, Inc. Page 7 of 20 03/31/2013 April 22,2013 Detailed Staff Reports 11 30 of 46 Naples, Marco Island, Everglades CVB Guide Request Summary by Fall In-State Campaign For the month of March 2013 Media Month YTD %YTD Grand Total: *YTD=Fiscal Year to Date Phase V of Southwest Florida, Inc. Page 8 of 20 03/31/2013 April 22,2013 Detailed Staff Reports 11 31 of 46 Naples, Marco Island, Everglades CVB Guide Request Summary by Winter Northern Campaign For the month of March 2013 Media Month YTD %YTD Chicago Chicago Television Campaign January-March 2011 0 0 0% Chicago 0 0 Grand Total: 0 0 *YTD=Fiscal Year to Date Phase V of Southwest Florida, Inc. Page 9 of 20 03/31/2013 April 22, 2013 Detailed Staff Reports 11 32 of 46 Naples, Marco Island, Everglades CVB Guide Request Summary by Spring/Summer In-State Campaign For the month of March 2013 Media Month YTD %YTD Fort Myers/Naples Fort Myers/Naples PBS Spring/Summer 2010 0 0 0% Fort Myers/Naples 0 0 Geo-Targeted In-State Online TripAdvisor.com(Online Geo-Targeted)April-August 2011 0 0 0% Geo-Targeted In-State Online 0 0 Other/Unknown TV Campaign Other/Unknown 1 1 100% Other/Unknown TV Campaign 1 1 Grand Total: 1 1 *YTD=Fiscal Year to Date Phase V of Southwest Florida, Inc. Page 10 of 20 I 03/31/2013 April 22, 2013 Detailed Staff Reports 11 33 of 46 Naples, Marco Island, Everglades CVB Guide Request Summary by Niche Markets For the month of March 2013 Media Month YTD %YTD Niche Markets(Bridal/Honeymoon) Bridal Guide Added Value RSL July/August 2010 0 0 0% Bridal Guide Added Value RSL October/November 2010 0 0 0% Bridal Guide January/February 2011 0 0 0% Bridal Guide July/August 2011 0 2 0% Bridal Guide March 2011 0 0 0% Bridal Guide March/April 2013 264 741 9% Brides Florida April-September 2011 0 0 0% Destination Weddings&Honeymoons July/August 2012 0 0 0% Niche Markets(Bridal/Honeymoon) 264 743 Niche Markets(ECO) Audubon(Added Value)January/February 2013 35 308 4% Audubon(Added Value) November/December 2012 13 307 4% Audubon(Natural Wonders of Florida)March/April 2010 0 0 0% Audubon(Natural Wonders of Florida)March/April 2011 0 0 0% Audubon(Natural Wonders of Florida)March/April 2012 0 54 1% Audubon(Natural Wonders of Florida)November/December 2011 0 0 0% National Geographic Traveler May/June 2012 0 0 0% Niche Markets(ECO) 48 669 Niche Markets(Golf) Play Florida Golf 2012 0 0 0% Play Florida Golf 2013 3,496 6,695 83% Niche Markets(Golf) 3,496 6,695 Niche Markets(Senior) AAA Going Places July/August 2012 0 0 0% AAA Going Places North March/April 2012 0 0 0% AAA Going Places North May/June 2012 0 0 0% Phase V of Southwest Florida, Inc. Page 11 of 20 03/31/2013 April 22, 2013 Detailed Staff Reports 11 34 of 46 Naples, Marco Island, Everglades CVB Guide Request Summary by Niche Markets For the month of March 2013 Media Month YTD %YTD Niche Markets(Senior) AAA Going Places South May/June 2010 0 1 0% AAA Going Places South May/June 2011 0 2 0% AARP-Southeast Region March/April 2011 0 0 0% AARP The Magazine April/May 2012 0 0 0% Niche Markets(Senior) 0 3 Grand Total: 3,808 8,110 *YTD=Fiscal Year to Date Phase V of Southwest Florida, Inc. Page 12 of 20 03/31/2013 April 22, 2013 Detailed Staff Reports 11 35 of 46 Naples, Marco Island, Everglades CVB Guide Request Summary by Group Markets For the month of March 2013 Media Month YTD %YTD Group Business-Association Meetings Professional Connect Meetings Magazine January 2012 0 0 0% Group Business-Association Meetings Professional 0 0 Group Business-Corporate Meetings Professional Collaborate Meetings Magazine February 2012 0 0 0% Collaborate Meetings Magazine February/March 2013 10 10 100% Group Business-Corporate Meetings Professional 10 10 Grand Total: 10 10 *YTD=Fiscal Year to Date Phase V of Southwest Florida, Inc. Page 13 of 20 03/31/2013 April 22, 2013 Detailed Staff Reports 11 36 of 46 Naples, Marco Island, Everglades CVB Guide Request Summary by International Markets For the month of March 2013 Media Month YTD %YTD United Kingdom Travel Trade Gazette February 2011 0 0 0% United Kingdom 0 0 North America(Canada) Canadian Television(Weather Channel)January 2011 0 0 0% Canadian Weather January 2011 0 0 0% North America(Canada) 0 0 Germany FT! B2B Online August 2011 0 0 0% Germany 0 0 Grand Total: 0 0 *YTD=Fiscal Year to Date Phase V of Southwest Florida, Inc. Page 14 of 20 03/31/2013 April 22,2013 Detailed Staff Reports 11 37 of 46 Naples, Marco Island, Everglades CVB Guide Request Summary by Miscellaneous For the month of March 2013 Media Month YTD %YTD CVB Office 1 14 11% Friend/Relative 5 17 13% Other/Unknown 16 94 73% TCTIA FAM October 2011 1 4 3% USV Product Show TA 2011 0 0 0% Grand Total: 23 129 *YTD=Fiscal Year to Date Phase V of Southwest Florida, Inc. Page 15 of 20 I 03/31/2013 April 22,2013 Detailed Staff Reports 11 38 of 46 Naples, Marco Island, Everglades CVB Guide Request Summary by State For the month of March 2013 Current Year Last Year State Month YTD %YTD Month YTD %YTD New York 481 734 10.86% 63 474 4.48% Pennsylvania 410 630 9.32% 426 840 7.93% Illinois 340 581 8.59% 16 681 6.43% Florida 110 512 7.57% 54 811 7.66% Georgia 319 400 5.92% 12 282 2.66% New Jersey 166 295 4.36% 280 726 6.85% Ohio 81 293 4.33% 398 1,310 12.37% Tennessee 197 265 3.92% 12 256 2.42% Massachusetts 157 251 3.71% 14 167 1.58% Alabama 186 238 3.52% 7 137 1.29% Michigan 67 226 3.34% 20 514 4.85% South Carolina 160 202 2.99% 9 201 1.90% California 51 188 2.78% 17 173 1.63% Texas 48 168 2.49% 7 345 3.26% North Carolina 39 140 2.07% 13 313 2.96% Missouri 42 139 2.06% 9 181 1.71% Minnesota 33 138 2.04% 3 237 2.24% Wisconsin 29 133 1.97% 5 304 2.87% Indiana 43 130 1.92% 18 469 4.43% Virginia 21 130 1.92% 202 428 4.04% Connecticut 27 98 1.45% 7 94 0.89% Maryland 24 85 1.26% 110 247 2.33% Kentucky 19 83 1.23% 11 191 1.80% Colorado 17 73 1.08% 3 70 0.66% Iowa 26 73 1.08% 4 161 1.52% Louisiana 20 48 0.71% 5 86 0.81% Arizona 12 44 0.65% 5 86 0.81% Washington 13 42 0.62% 8 67 0.63% Kansas 8 41 0.61% 2 46 0.43% Arkansas 11 34 0.50% 5 99 0.93% Phase V of Southwest Florida, Inc. Page 16 of 20 I 03/31/2013 April 22, 2013 Detailed Staff Reports 11 39 of 46 Naples, Marco Island, Everglades CVB Guide Request Summary by State For the month of March 2013 Current Year Last Year State Month YTD %YTD Month YTD %YTD Oregon 7 33 0.49% 7 37 0.35% Mississippi 4 32 0.47% 6 53 0.50% Oklahoma 10 32 0.47% 3 54 0.51% Maine 7 21 0.31% 4 34 0.32% District of Columbia 18 20 0.30% 6 11 0.10% West Virginia 3 20 0.30% 9 60 0.57% Nebraska 4 19 0.28% 5 86 0.81% Nevada 7 19 0.28% 2 19 0.18% Delaware 4 18 0.27% 21 52 0.49% Idaho 2 16 0.24% 1 9 0.08% New Hampshire 5 16 0.24% 0 34 0.32% Rhode Island 4 16 0.24% 5 26 0.25% Montana 4 15 0.22% 3 8 0.08% New Mexico 3 15 0.22% 2 21 0.20% South Dakota 3 13 0.19% 0 24 0.23% North Dakota 3 9 0.13% 2 27 0.25% Puerto Rico 1 7 0.10% 2 8 0.08% Vermont 3 6 0.09% 0 8 0.08% Utah 3 5 0.07% 0 14 0.13% Wyoming 2 5 0.07% 0 3 0.03% Alaska 0 4 0.06% 1 3 0.03% Hawaii 1 4 0.06% 0 4 0.04% Armed Forces 1 1 0.01% 0 0 0.00% Guam 0 0 0.00% 0 0 0.00% Northern Mariana Islands 0 0 0.00% 0 0 0.00% Virgin Island 0 0 0.00% 0 0 0.00% Grand Total: 3,256 6,760 1,824 10,591 "YTD=Fiscal Year to Date Phase V of Southwest Florida, Inc. Page 17 of 20 1 03/31/2013 April 22,2013 Detailed Staff Reports 11 40 of 46 Naples, Marco Island, Everglades CVB Guide Request Summary by Country For the month of March 2013 Current Year Last Year Country Month YTD %YTD Month YTD %YTD USA 3,256 6,760 48.94% 1,824 10,591 85.14% No Address Given 3,503 6,745 48.83% 647 1,116 8.97% Canada 30 144 1.04% 5 160 1.29% Brazil 5 38 0.28% 4 391 3.14% United Kingdom 4 38 0.28% 0 67 0.54% Germany 5 18 0.13% 0 16 0.13% France 6 14 0.10% 1 11 0.09% Netherlands 2 8 0.06% 0 10 0.08% Belgium 2 5 0.04% 0 7 0.06% Argentina 2 4 0.03% 0 4 0.03% Italy 2 4 0.03% 1 17 0.14% Portugal 3 4 0.03% 0 15 0.12% Russia 0 4 0.03% 0 3 0.02% Algeria 1 3 0.02% 0 0 0.00% India 0 3 0.02% 0 4 0.03% Mexico 2 3 0.02% 0 0 0.00% Ukraine 1 3 0.02% 0 1 0.01% Ireland 0 2 0.01% 0 0 0.00% Pakistan 0 2 0.01% 0 2 0.02% Sweden 1 2 0.01% 0 4 0.03% Bermuda 1 1 0.01% 0 0 0.00% Chile 0 1 0.01% 0 0 0.00% Greece 0 1 0.01% 0 0 0.00% Hungary 0 1 0.01% 0 0 0.00% Indonesia 0 1 0.01% 0 2 0.02% Iraq 1 1 0.01% 0 0 0.00% Japan 0 1 0.01% 0 0 0.00% Pitcairn Islands 0 1 0.01% 0 0 0.00% Poland 0 1 0.01% 0 4 0.03% Spain 1 1 0.01% 0 2 0.02% Australia 0 0 0.00% 0 1 0.01% Phase V of Southwest Florida, Inc. Page 18 of 20 03/31/2013 April 22, 2013 Detailed Staff Reports 11 41 of 46 Naples, Marco Island, Everglades CVB Guide Request Summary by Country For the month of March 2013 Current Year Last Year Country Month YTD %YTD Month YTD %YTD Bahamas 0 0 0.00% 0 1 0.01% Colombia 0 0 0.00% 0 1 0.01% Cuba 0 0 0.00% 0 1 0.01% Denmark 0 0 0.00% 0 3 0.02% Martinique 0 0 0.00% 0 2 0.02% Norway 0 0 0.00% 0 1 0.01% Switzerland 0 0 0.00% 1 2 0.02% Uruguay 0 0 0.00% 0 1 0.01% Grand Total: 6,828 13,814 2,483 12,440 *YTD=Fiscal Year to Date Phase V of Southwest Florida, Inc. Page 19 of 20 03/31/2013 April 22, 2013 Detailed Staff Reports 11 42 of 46 Naples, Marco Island, Everglades CVB Special Fulfillment Requests by Category For the month of March 2013 Media Month YTD %YTD Consumer Shows Post Show Follow Up NY Times Travel Show January 2013 0 496 67% Consumer Shows 0 496 67% Meeting Planners Market Group Fulfillment 2 8 1% Atlanta PYM Live March 2013 88 88 12% GAP 0 3 0% Meeting Planner Kit Fulfillment 15 38 5% Meeting Planner Non-Kit Fulfillment 0 2 0% Top 50 Planner List 0 44 6% Post Show Followup Chicago Holiday Showcase 2012 0 48 6% Meeting Planners 105 231 31% Promotions PPD2011 0 6 1% PPG 2011 1 3 0% Promotions 1 9 1% Travel Agents Other/Unknown 1 8 1% Travel Agents 1 8 1% Grand Total: 107 744 *YTD= Fiscal Year to Date Phase V of Southwest Florida, Inc. Page 20 of 20 ,.,. 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N0000°o_eo.o°Ns.oNO°. a 8lo co i gE 9 1 i 0000 000 00000 l°ooeooeooCtomNMee°Se 0 log ee &Y8 scx c"'" 8 MEETING AGENDA & NOTICE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL Collier County Government Center, Administration Bldg. F, 3rd Floor 3299 Tamiami Trail East,Naples, Florida 34112 APRIL 22, 2013 9:00 am Collier County Commission Chambers * Requires TDC Action 1. Call to Order 2.Pledge of Allegiance 3.Roll Call 4. * Changes and Approval of Agenda 5. * Approval of TDC Minutes a. * Regular Meeting 3/25/13 6. Presentations/Public Comment- (3 minutes each) 7. New Business a. * Doctor's Pass Maintenance Dredging Work Order b. * Collier County Beaches Volume Design Peer Review c. * FY 14 Category"A"Fund 183 Grant Applications d. * Reschedule May TDC Meeting e. *Bid No. 13-6023- Construction Contract for Tigertail Beach Restroom Facility 8. Old Business a. Ownership of Clam Pass Facilities—Information Only 9.Marketing Partner Reports a. Research Data Services b. Paradise Advertising c. Lou Hammond &Associates—PR Services d. Tax Collections e.Miles Media-Website Activity f. Sales & Marketing Technologies- Search Engine Optimization g. Phase V-Fulfillment Services 10. Tourism Staff Reports a. Director—Jack Wert b. Sales & Marketing—Debi DeBenedetto c.Public Relations& Communications—JoNell Modys d. Film Office—Maggie McCarty e. Sports Marketing—Chris O'Brien f. International Representatives—Jack Wert g. Visitor Centers—Nancy Kerns 11.Detailed Staff Reports 12. Council Member Discussion 13.Next Scheduled Meeting Date/Location—TBD—9:00 a.m. Collier County Government Center,Administration Bldg.F,3rd Floor,3299 East Tamiami Trail, Naples,Florida 34112 14.Adjournment All interested parties are invited to attend,and to register to speak and to submit their objections, if any,in writing,to the board prior to the meeting if applicable. For more information,please contact Jack Wert at(239)252-2402. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101,Naples, FL 34112-5356,(239)252-8380. Public comments will be limited to 3 minutes unless the Chairman grants permission for additional time. Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities (including,but not limited to,addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards,register with the Clerk to the Board at the Board Minutes and Records Department.