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Agenda 03/26/2013 Item #16F13/26/2013 16. F.1. /1_11\ EXECUTIVE SUMMARY Recommendation to authorize amendment #2 for contract 09 -6174 Management of Pelican Bay Services to Dorrill Management Group to increase the number of hours per month, fees and the contract period to Dorrill Management Group and extend the term for one additional year; and authorize the Chairwoman to approve the amendment. OBJECTIVE: To provide additional services to the Clam Pass Emergency dredging project and a continuity of services for the management of the Pelican Bay community. CONSIDERATIONS: The Board of County Commissioners approved contract 09 -5174 Management of Pelican Bay Services to Dorrill Management Group on June 23, 2009 (Agenda Item 16F7) after receipt and review of four (4) proposals. The Pelican Bay Services Division Advisory Board recommended Dorrill Management Group by a unanimous vote. The contract term was an initial one (1) year period with three (3) additional one (1) year renewal periods with an expiration date of June 23, 2013. On September 14, 2010 (Agenda Item 16F5), the Board approved an increase in the total number of hours due to the expanded day - today role of the Administrator required to respond to an increased number of committees functioning under the Advisory Board. n The current contract overview is as follows: k t�tract = +ari ►►nriaii.�r gadndw aC�lih►u#Haarate .. w , a r Year 1 6/23/09 — 6/22/10 26/208 $42,300 $203.37 (discount provided) Year 2 6/23/2010 — 6/22/11 26/312 56,400 180.77 Year 3 6/23/2011 — 6/23/12 51/612. 75,360 123.14 Year 4 6/23/2012 — 6/23/13 51/612. 75,360 123.14 Note: Three (3) change orders have been approved by the Board during this period of time to "not exceed" $15,000 for additional fieldwork related to projects. Two of the change orders related to berm restoration project oversight in year 3; the third change order was for Clam Pass emergency project oversight in year 4. Total dollar amounts have been rounded and may not be exact. On December 11, 2012, the Board of County. Commissioners authorized and reassigned to the Pelican Bay Services Division the responsibility for all matters concerning the Clam Pass Natural Resource Protection Area. In recognition of the reassignment of responsibilities, the Pelican Bay Services Division Advisory Board voted unanimously on January 21, 2013, to add an additional sixteen (16) hours per month to the Management agreement for the additional responsibilities of the Clam Pass Emergency Dredging Project and the coordination of updates to the Clam Pass Management Plan and Permit. Staff recommends that this added service responsibility Packet Page -952- 3/26/2013 16. F.1. and increased number of hours be effective February 1, 2013, along with a seven (7) day extension through June 30, 2013. Concurrently, the Pelican Bay Services Division Board voted unanimously to request that the Board extends contract 09 -5174 Management of Pelican Bay Services to Dorrill Management Group through June 23, 2014, per the Purchasing Policy [Contract Administration XV D] as they believe it is in the County's best interest for continuity and oversight. The action on this agenda item would result in the following: Note: Three (3) change orders have been approved by the Board during this period of time to "not exceed" $15,000 for additional field work related to projects. Two of the Change orders related to berm restoration project oversight in year 3; the third change order was for Clam Pass emergency project oversight in year 4. Total dollar amounts have been rounded and play not be exact. In summary, if approved, this contract amendment will result in: 1. Increases in additional monthly hours served by Dorrill Management Group commencing on 2/1/13 (from 51 to 67); 2. Extends contract 09 -5174 Management of Pelican Bay Services to Dorrill Management Group for an additional term through 6/30/2014; and 3. Updates contract adding tasks and project management rates, and updates other miscellaneous contract items reviewed and approved by the County Attorney's staff. FISCAL IMPACT: Services are paid from and sufficient funding a )dsts for this contract within the Pelican Bay Services Fund (109). The additional FY13 management fee is $11,821; the annual contract management fee for years five (5) and six (6) is approximately $99,000. GROWTH MANAGEMENT IMPACT: There are no growth management implications with this executive summary. Packet Page -953- 11� �.Mattthly .or TOT�t � +Contract Date u l X40' oar A nal if2ate period ln+udsdjwithout tilllaurly d7.;�x° Year 1 6/23/09 — 6/22/10 26 / 208 (discount $3,525/ $4 ,300 $203.37 provided) Year 2 6/23/10 — 6/22/11 26/312 4,700/ ,400 180.77 Year 3 6/23/11 — 6/22/12 51/612 6,280 / 76,360 123.14 Year 4 6/23/212 — 6/30/13 51/357 6,280 / 4 ,960 123.14 through 1/31/13 Year 4 from 6/23/12 — 6/30/13 67/335 8,250 / 40,251 123.14 2/1/13 to 6/30/13 Year 5 7/1/13 — 6/30/14 67/804 8,250 / 90,005 123.14 Note: Three (3) change orders have been approved by the Board during this period of time to "not exceed" $15,000 for additional field work related to projects. Two of the Change orders related to berm restoration project oversight in year 3; the third change order was for Clam Pass emergency project oversight in year 4. Total dollar amounts have been rounded and play not be exact. In summary, if approved, this contract amendment will result in: 1. Increases in additional monthly hours served by Dorrill Management Group commencing on 2/1/13 (from 51 to 67); 2. Extends contract 09 -5174 Management of Pelican Bay Services to Dorrill Management Group for an additional term through 6/30/2014; and 3. Updates contract adding tasks and project management rates, and updates other miscellaneous contract items reviewed and approved by the County Attorney's staff. FISCAL IMPACT: Services are paid from and sufficient funding a )dsts for this contract within the Pelican Bay Services Fund (109). The additional FY13 management fee is $11,821; the annual contract management fee for years five (5) and six (6) is approximately $99,000. GROWTH MANAGEMENT IMPACT: There are no growth management implications with this executive summary. Packet Page -953- 11� 3/26/2013 16.F.1. ^ LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is legally sufficient for Board action and only requires a majority vote for approval —SRT. RECOMMENDATION: That the Board authorizes amendment #2 for contract 09 -5174 Management of Pelican Bay Services to Dorrill Management Group to increase the number of hours per month, fees and the contract period to Dorrill Management Group and extend the term for an additional term through June 30, 2014 and authorizes the Chairwoman to execute the County Attorney approved amendment. It is further recommended that the County Commission, subsequent to this action, direct the Pelican Bay Services Division Board to consider either extending this contract for an additional one year term through June 30, 2015 or alternatively initiate actions to solicit new proposals for these management services within the next 30 days. Prepared by: W. Neil Dorrill Approved by: Leo Ochs, County Manager Attachments: • Current Contract 09 -517 Management of Pelican Bay Services with Dorrill Management Group • Contract Amendment #1 • Contract Amendment #2 Packet Page -954- 3/26/2013 1 6. F.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.F.16.F.1. Item Summary: Recommendation to authorize amendment #2 for contract 09 -5174 Management of Pelican Bay Services to Dorrill Management Group to increase the number of hours per month, fees and the contract period to Dorrill Management Group and extend the term for additional two (2) year term; and authorize the Chairwoman to approve the amendment. Meeting Date: 2/26/2013 Prepared By Name: BrockMaryJo Title: Executive Secretary to County Manager, CMO 2/4/2013 9:05:22 AM Submitted by Title: Executive Secretary to County Manager, CMO Name: BrockMaryJo 2/4/2013 9:05:24 AM Approved By Name: MarkiewiczJoanne Title: Manager - Purchasing Acquisition,Purchasing & Gene Date: 2/8/2013 12:38:41 PM Name: TeachScott Title: Deputy County Attomey,County Attorney Date: 2/13/2013 2:49:54 PM Name: CarnellSteve Title: Director - Purchasing/General Services,Purchasing Date: 2/13/2013 2:51:17 PM Name: KlatzkowJeff Title: County Attorney Packet Page -955- Date: 2/13/2013 2:54:39 PM Name: OchsLeo Title: County Manager Date: 2/19/2013 5:26:44 PM Packet Page -956- 3/26/2013 16. F.1. 3/26/2013 161.1. AGREEMENT09 -5174 for Management Services for Pelican Bay Services THIS AGREEMENT, made and entered into on this 23rd day of June, 2009, by and between Dorrill Management, authorized to do busine,, s in the State of Florida, whose business address is 5672 Strand Ct. Suite 1, Naples Florida 34110, hereinafter called the "Consultant" and Collier County, a political subdivision of tl Le State of Florida, Collier County, Naples, hereinafter called the "County ": WITNES !iETH: 1. COMMENCEMENT. The Consultant shall commence the work upon execution of this agreement. The contract shall be for a perii)d of (12) months. Additionally, by mutual agreement and funding availability, the con tract may be renewed for three (3) terms of twelve (12) months each. In no event, including renewal options, shall the contract exceed four (4) years. The County shall nve the Consultant written notice of the County's intention to extend the Agreemen: term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Consultnt shall provide Management Services in accordance with the terms and conditions of RFP #09 -5174 and the Consultant's proposal referred to herein and made :m integral part of this agreement. This Agreement contains the entire unders :anding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Consultant and the County Contract Manager or his designee, in compliance with the County Purchasing Policy and Administnitive Procedures in effect at the time such services are authorized. 3. THE CONTRACT SUM. The County shall pay the Consultant for the performance of the Agreement the sum of ($42,300.00) (forty two thousand three hundred dollars) for the period of time commencing on July 1, 21009 and ending on June 30, 2010, payable at the rate of (three thousand five hundred thirty three dollars) ($3,533) per month, subject to Change orders as approved in advance 1 y the County. This price shall be fixed and firm for the first year duration but will incr,,sase to ($56, 400.00) (fifty six thousand four hundred dollars) for subsequent years of thi contract and any approved travel expenses shall be paid at actual costs with no markup for any travel outside of Lee and Collier County. Payment will be made upon receipt: of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known -as the "Local Government Prompt Payment Act ". ,•� pSoP 1 of 9 Packet Page -957- 3/26/2013 16.F.1. �-. TRAVEL AND REIMBURSABLE EXPENSE 3 Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Reimbursements shall be at the following rats s: Mileage 1 $0.445 : er mile Breakfast 1$6.00 Lunch $11.00 Dinner $19.00 Airfare Actual ticket cost limited to tourist or coach class fare Rental car Actual rental cost limited to compac : or standard -size vehicle,, Lodging Actual ::ost of lodging at single occupas -_cy rate with a cap of no more than $150.00 per night Parking Actual cost of parking Taxi or Airport Actual cost of either taxi or Limousine L air. ort ' imousme Reimbursable items other than travel expenses shall be limited to the following: telephone long - distance charges, fax charges, photocopying charges and postage. Reimbursable items will be paid only af,er Consultant has provided all receipts. Consultant shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this .!kgreement. 4. SALES TAX. Consultant shall pay all sides, consumer, use and other similar taxes associated with the Work or portions :hereof, which are applicable during *the performance of the Work. 5. NOTICES. All notices from the County to the Consultant shall be deemed duly served if mailed or faxed to the Consultant at the fallowing Address: Dorrill Manageme::tt Group, Inc. 5672 Strand C;t. Suite 1 Naples, Floric;!a 34110 Telephone: 23S-592-9115 Attn: William "N. Dorrill Fax: 239 -59,': -4122 Pa Packet Page -958- All Notices from the Consultant to the Couiity shall be deemed duly sere 3/26/2013 161.1. faxed to the County to: Collier County Gov ,rnment Center Purchasing Department - Purchasing Building 3301 Tamiami frail, East Naples, Florida 34112 Attention: Steve Carnell, Pi,trchasing /GS Director Telephone: 23 )- 252 -8371 Facsimile: 23S,-252-6584 The Consultant and the County may chap .ge the above mailing address at any time upon giving the other party written notifica :ion. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein conte ined shall create or be construed as creating a partnership between the County and the ('- onsultant or to constitute the Consultant as an agent of the County. 7. PERMITS: LICENSES: TAXES. In comp: fiance with Section 218.80, F.S., all permits necessary for the prosecution of the Work sl .all be obtained by the Consultant. Payment for all such permits issued by the County ,hall be processed internally by the County. All non - County permits necessary for the 3rosecution of the Work shall be procured and paid for by the Consultant. The Consultant shall also be solely responsible for payment of any and all taxes levied on the Consultant. In addition, the Consultant shall comply with all rules, regulations and laws :)f Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Consultant agrees to comply with all laws governing the responsibiliq of an employer with respect to persons employed by the Consultant. 8. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to use in any manner whatsoever, County facil :ties for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of a ay governmental rule or regulation now in effect or hereafter enacted or adopted. In tli.e event of such violation by the Consultant or if the County or its authorized representative shall deem any conduct on the part of the Consultant to be objectionable or imp: -oper, the County shall have the right to suspend the contract of the Consultant. Should the Consultant fail to correct any such violation, conduct, or practice to the satisfa,: tion of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Cc:asultant further agrees not to commence operation during the suspension period w i til the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Consultani be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may �. terminate said agreement immediately for cruse; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non - performance. Pa Packet Page -959- 3/26/2013 16. F.1. 10. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination as to race, sex, color, creed or national origi:t. 11. INSURANCE. The Consultant shall provicle insurance as follows: A. Commercial General Liability Covei age shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Lij:1it for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Consultants; Products and Completed Operations and Contractual Liability. B. Business Auto Liability Coverage s gall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall includf Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non- Ownersh :p. C. _Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applical:le state and federal laws. . The coverage must include Em to erg � Liability with g p y ty a minimum hnut of $500,000 for each accident. D. Professional Liability: Coverage shall Lave a minimum limit of $1,000,000 Specia_ 1 Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Consultant during the duration of this Agreement. Renewal certificates shall be sent to the County :hirty (30) days prior to any expiration date. There shall be a thirty (30) day nc tification to the County in the event of cancellation or modification of any stil ulated insurance coverage. Consultant shall insure that all subcc retractors comply with the same insurance requirements that he is required to : neet. The same Consultant shall provide County with certificates of insurance n- .eeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Consultant shall indemnify and hold h;:.rmless Collier County, its officers and employees from any and all liabilities, dar cages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wr:)ngful conduct of the Consultant or anyone employed or utilized by the Consultant in the performance of this Agreement. This indemnification obligation shall not be const:med 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 inciderit arising from the sole negligence of Pa Packet Page -960- 3/26/2013 16.F.1. Collier County. 13. CONTRACT ADMINISTRATION. This: Agreement shall be administered on behalf of the County by Pelican Bay Managemen Services Division. 1001ftl�l 14. CONFLICT OF INTEREST: Consultant r,.!presents that it presently has no interest and shall acquire no interest, nor give the appearance of conflict of interest either direct or indirect, which would conflict in any man iier with the performance of services required hereunder. Consultant further represents !hat no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTY ACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Consultant's Proposal, Insuran:,e Certificate, RFP #09 -5174, Exhibit A Scope of Services and Addendum/ Addenda. 16. SUBTECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreE ment is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COI: NTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any Cc unty employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with ('-ounty staff for a specified period of time; b. Prohibition by the individual and /or finis from doing business with the County for a specified period of time, including but i .ot limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. B,,, executing and entering into this agreement, the Consultant is formally acknowledgin;; 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 Consultant to comply with the laws referenced herein shall constitute a breach :)f this agreement and the County shall have the discretion to unilaterally terminate this ;agreement immediately. 19. OFFER EXTENDED TO OTHER GOV iRNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant cc ntract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in pa::t, the remaining portion of this Agreement shall remain in effect. F Packet Page -961- 21. ADDITIONAL ITEMS /SERVICES Additional items and /or services mE_ 3/26/2013 161.1. this contract upon satisfactory negotiation of price by the Contract Manager and Consultant. 22. 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 County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litil;ation between the parties arising out of this Agreement, the parties shall attempt to r 2solve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by repres;!ntatives of Consultant with full decision - making authority and by County's staff I)erson who would make the presentation of any settlement reached at mediation to ; --ounty'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 se,: -tion 44.102, Fla. Stat. Any suit or action brought by either pavy to this Agreement against the other party relating to or arising out of this Agreeme it 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. 23. KEY PERSONNEL/PROTECT STAFFING; The proposers personnel and management to be utilized for this project shall be kn owledgeable in their areas of expertise. The County reserves the right to perform in vestigations as may be deemed necessary to insure that competent persons will be r.:tilized in the performance of the contract. Selected firm shall assign as many people as necessary to complete the project on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth in the Project Schedule. Firm shall not change Key Personnel unless the following conditiors are met: (1) Proposed replacements have substantially the same or better qualifications and /or experience. (2) that the County is notified in writing as far in advance its possible. Firm shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposec replacement personnel. P Packet Page -962- 3/26/2013 16.F.1. IN WITNESS WHEREOF, the Consultant am the County, have each, respectively, by an authorized person or agent, hereunder set their lands and seals on the date and year first above written. ATTEST. Dwight E ,* k of Courts Data l` c �:pt• y \Irst Witness Type/ print witness name A�hA* o , ( dewna, v Second Witness 6111'5brl CalGnna_ll Type/ print witness name Approved as to form and legal sufficiency: Assistant County Attorney Jennifer White BOARD OF COUNTY COMMISSIONERS COl. JER COUNTY, FLORIDA Ir By:.. D Fiala, Chairman a Page 7 of 9 I',ion -M Management Grouy jail Dorrill, President Cyped signature and title Packet Page -963- 3/26/2013 16. F.1. Exhi ! )it A Scope of Services This Scope of Services addresses the duties and responsibilities of the newly titled Administrator of the Pelican Bay Services Division, hereinafter called the "Administrator ", formerly titled "Manager ", effective Jun P a3 z ;�o f. DUTIES OF THE AI:►MINISTRATOR The Administrator's duties and responsibilities i:zclude the following: 1) It will be the Administrator's main res: fonsibility to implement the policies of the PBSD, as directed by the Pelican Bay Sery .ces Division Board. 2) The Administrator shall prepare the necE,ssary organizational structure and interview and recommend personnel to be hired anti employed by the County for the PBSD. The Administrator shall supervise the persc::uzel employed by the PBSD in accordance with all Federal, State and County laws, rules and regulations where applicable. The Administrator shall request approval of tiie PBSD Board for any significant changes in size or makeup of the organization. Cw u rently, the Administrator has the following people reporting to him - one (1) Superixitendent, one (1) Operations Analyst, one (1) Administrative Assistant and sixteen (16) field employees. 3) The Administrator shall implement all policies established by the County in connection with the operation of the PBSD. 4) The Administrator shall be expected to make recommendations on a regular basis for programs to improve the Pelican Bay Con imunity 5) The Administrator shall participate in meetings, discussions, project site visits, workshops and hearings as may pertain to the administration of the services being provided and report results to the PBSD I;,oard. 6) The Administrator shall attend regular al-id special meetings of the Board of County Commissioners when issues arise regarding PBSD activities and report results to the PBSD Board. The Administrator will st ggest that a PBSD Board member join the Administrator at the meeting if the Admix ustrator deems that such joint representation would be desirable. 7) The Administrator shall review outside ::ontractor -bids and make recommendations for approval or disapproval to the PBSD F -oard. 8) The Administrator shall work with th Chairperson of the PBSD Board in the preparation of the Board's agenda and collaborate with the Chair in selecting items and priorities. P Packet Page -964- 3/26/2013 16. F.1. 9) The Administrator shall prepare and administer the PBSD's Annu__ _ ____o__\_, __ accordance with all Federal, State and 2ounty laws, rules and regulations where applicable. 10) The Administrator will have an undE:rstanding of Florida County government operations, good management principals and skills, as well as knowledge and skills in personnel relations, public relations, and accounting and computer software operations. 11) The Administrator's performance may be critiqued by any Board member at a regular monthly Board meeting. Any Board member may meet privately with the Administrator to discuss Administrator's I)erformance. 12) The Administrator shall devote such tin- a as necessary to complete the duties and responsibilities assigned according to the :;pecifications of this RFP. The Administrator shall spend a minimum of three hundr(!d twelve (312) hours a year on the duties specified. Hours spent over the minimum are not entitled to extra compensation unless approved in written by the PBSD I! oard. The Administrator should detail on a monthly basis the time spent in the perfc:rmance of these duties. The PBSD currently provides an office and staff for the .!Ldmir istrator in Pelican Bay, but is not contractually required to do so. 13) The Administrator shall respond to any request for information or data from the County Managers office. 14) The Administrator may be called on 1:) provide assistance to any or all other committees that are currently and may be ;treated by PBSD Board. Pa Packet Page -965- 100"% From:Erin McElroy, CISR, CIC FaxID:356 -2126 Page 2 f3 pat,, 3/26/2013 16.F.1. ACDRD, CERTIFICATE OF LIABILITY INSURANCE OP ID MY PRODUCER - DORRI -1 06/30/09 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dawson of Florida; Naples ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 6609 Willow Park Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Naples FL 34109 Phone: 239-261-6116 Fax:239 -261 -2803 I ISURERSAFFORDINGCOVERAGE NAIC# INSURED INMERA Cineirmati Inauranea comam 10677 Ilk "URER B: DOrrill Management Group, Inc. 1 ^'�ERc 5672 Strand Court Ste. 11 �IIURERD: Naples FL 34110 I If` ;URER E' COVERAGES ' THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE F:IR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT ") WHICH THIS CERTIFICATE MAY BE ISSUED OR - MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALI THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR INSRE TYPE OF INSURANCE POLICY NUMBER DATE rEFFE IYY) DAIS (MMfDDf W) LIMITS A GENERAL LUABILETY COMMERCIAL GENERAL LIABILITY CLAIMS MADE 7X CAP5162891 11106108 10/06/09 EACH OCCURRENCE $ 1,000,000 X PREMISES (Ea occrence ) $500,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000 ' 0 0 0 GENERAL AGGREGATE $ 2, 0 0 0, 0 0 0 GENL AGGREGATE LIMIT APPLIES PER: POLICY PCf LOC PRODUCTS - COMP/OP AGG $2,000,000 AUTOMOBILE LIABILITY A AU70 COMBINED BINent) SINGLE UMIr (Eeecadent) $1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY (per person) (Px person) $ X HIRED AUTOS X NON-OWNED AUTOS ( (Perlaccident) INJURY $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO . OTHER THAN EA ACC AUTO ONLY: AGG $ $ A EXCESS/UMBRELLA LIABILITY X OCCUR EI CLAIMSMADE CAP5162891 1(1/06/08 10106109 EACH OCCURRENCE $1,000,000 AGGREGATE $ 1,000,000 $ DEDUCTIBLE hX RETENTION $ Nil $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TORY LIMITS I ER E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNERIEXECUTIVE OFF ICERIMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ It yes, describe under SPECIAL PROVISIONS below OTHER E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS !LOCATIONS T VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I S: ECIAL PROVISIONS Collier County Board of Commissioners is named as additional insured per endorsement form GA 210 2/07 P`CDTICIF`ATC YA ' ACORD 25 LDER Collier County Board of Commissioners 3301 E. Tamiami Trail Naples FL 34112 COLLII9 a.,I IYL.LLLM I IVni S ! OULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION D 1 TE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN No NICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL [IV I IOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR R: PRESENTATIVE& 4U I hIQRIZED REPRESENTATIVE . Packet Page -966- © ACORD CORPORATION 1988 From:Erin McElroy, CISR, CIC Fa)dD:356 -2126 Page 3 cif 3 Date 3/26/2013 165.1. IMPORTANT If the certificate holder is an ADDITIONAL INSURE[',, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certifi,.ate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the tetrnl and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAM I ER The Certificate of Insurance on the reverse side of t1- form does not constitute a contract between the issuing insurer(s), authorized representative or f -oducer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Packet Page -967- 06/24/2009 WED 14:30 FAX 239 261 7574 3/26/2013 16.F.1. ACORD CERTIFICATE OF LIA1311- r, INSURANCE OP ID TD °A�IM�DDmm PROnucER DORRI -1 1 06/24/09 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Oswald Tri ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ppe and Company, Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4089 Tamiami Trail. North A203 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1 Na p FL 34 es 103 . Phone:239- 261 -0428 Fax :239 -261 -7574 II4SUItERSAFFORDINGCOVERAGE 1' (SURER A Dorrill Nanageme,nt Group Inc I1SURER8: W. Nell Dorrxll (''SURER C. 5672 Strand Court, Suite 1 Naples FL 34110 I, SURER D- COVERAGES Ina Co NAIL # CERTIFICATE HOLDER CliNCELLATION COL33 0 Z E iOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO County Commissioners I ATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN Board of Co Collier C F )TICE TO THE CERTIFICATE HOLDER NAMED TO 171E LEFT, BUT FAILURE TO DO SO SHALL 3301 East Tamiami Trail tiPOSENOOBLIGATIONORLIABILITYOFANYKINDUPONTHEINSURER ,ITSAGENTSOR Naples FL 34112 F:PRESENTq Al I' ENTATNE Am (LUU7 /ufs) Packet Page -968- TION ANOING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT ORTOTHER DOCUMENT WITH Ru 'ECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT T:, ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. AGGREGATE L1M1TS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NS TYPE OF INSURANCE POLICY NUMBER DA7I i (MMID DATE (MM/D LIMITS GENERAL UABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR EACH OCCURRENCE $ PREMISES Eeoxwanoe $ MED EXP (Any one peraw) s PERSONAL & ADV INJURY $ OENERALAGGREGAIE GREGA S' GENL AGGREGATE UMIT APPLIES PER POLICY Ji LOC PRODUCTS - COMP/OP AGG s AUTOMOBILE LIABILITY ANY AUTO COMBINED Q SINGLE LIMIT $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per Pte) 9 HIRED AUTOS NON -OWNED AUTOS (perms ac) ! $ PROPERTY DAMAGE eraeddeny GARAGE LIABILTIY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ S AUTO ONLY: AGO EXCESSIUMBRELLALJABSJ7Y OCCUR F CLANASMADE EACH OCCURRENCE $ AGGREGATE $ S DEDUCTIBLE s RETENTION S S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TORY LA ITUS ER EL EACH ACCIDENT $ ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? EL. DISEASE - EA EMPLOYEE S II yes desmbe udder SPECIAL PROVISIONS below OTHER E.L. DISEASE - POLICY LIMIT S 2C Professional Liab PH1001795B 11;1/12/08 10/12/09 Limit: $2,000,000 DESCRIPTION OF OPERMTDNS I LOCATIONS I VEHIC/ Fa / errt itau . CERTIFICATE HOLDER CliNCELLATION COL33 0 Z E iOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO County Commissioners I ATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN Board of Co Collier C F )TICE TO THE CERTIFICATE HOLDER NAMED TO 171E LEFT, BUT FAILURE TO DO SO SHALL 3301 East Tamiami Trail tiPOSENOOBLIGATIONORLIABILITYOFANYKINDUPONTHEINSURER ,ITSAGENTSOR Naples FL 34112 F:PRESENTq Al I' ENTATNE Am (LUU7 /ufs) Packet Page -968- TION 06/24/2009 WED 14:30 FAX 239 261 7574 3/26/2013 16.F.1. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terr1is and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side a' this form does not constitute a contract between, the issuing insurer(s), authorized representative o' producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter Ilie coverage afforded by the policies listed thereon. . I Packet Page -969- 3/26/2013 16. F.1. . COLLIER INS SvCS 239Z6i2803 % - Osr??res 02201Pn P. 001 NOTICE OF ELECTION TO BE EM ,[PT Please refer to the written instructions pet par M by I he Wectiveassue Date: Division of Workers' Compensation before completing th is form. Expiration Data BY filing this application, you elect to be exempt from the provisions of Cbapter 440, Hands Stntates And naive arty right you may have to workers' eompen i Anon benefits in Comml Number: the State of Florida should you, became Injured on the job. Any aenroo I a knawbudy and with intent to fn rum defraud. or fteft :vl the DivMa® or troy 'cm vlav l rr, employee or posttaadc Date C*M'A doeameutstion is repaired by taw to be astecbed to this application -refer to the I ant applying; for gt,'xitption as a (check only one box in alit sowon): - CONSTRUCTION INDUSTRY (S 5000 FEE REQUIRED) `; a'SOle Proprietor D Partner © Corporate Officer (your cote. title:_, ) -OR- NON- CONSTRUCTION 1lrtDUSTRY (NO FEE REQUIRED) S Corporat OTT= title: t V CORPORATE OFFICERS AND PART•NF.RS: List the rcgisaatioa number .: fyour business an file with the Division of Cosporatioms, Department of State's Office your Psnoetsbip may not have one, but a I : omposatioos roust have mc. If your partnership doesn't ,Rc! have ono, state °NIA"): i nnel <5 O c) S THIS EXEMPTIOM AFFUCATtON APPLIES ONLY TO TIL i; PERSON SIGNING TM APPWCATION AND ONLY FOR THE BUSINESS ENTITV LISTED ; aV IHFi W INQ SECTION Business Name: T1adc Ni ; t� dtbla; or alk/a: m go L) M Business Malft Addrms: ,SG Ll G 3 109W D D Sot County: Phone No.: �.. Nathmc o:' Business: FEW: 2- 1lS — S _08q5_ Unemplcyment Conpensatim Dare Business F.srablished: No. ofEmpioyees Tax No: Are you r eq, ;red to be registered or certified pursuam to Chapter 489, F. S o LJ Yes: list all certified or registered licenses issued to you pursuant to Chapter 489, Florida Statutes Are you or a qualifier for your business required by the county or the tot i iicipality in which your bujinigs mailing address is iOmted to have an occupational license: for the business which is the subj l ;ct of this application? ErNo ❑ Yes: YOU MUST ATTACH A COPY OF A CURREPt I' OCCUPATIONAL LICENSE Are you any sole proprietorship, prmww_ ip, corporation or busin: ss entity other than the business to which this application applies? NO YES list the Dante of all other businesses io which you a , e empI y d • 1G`117[7i . �rnr• n:. . -�.�� r . • ..uany swan mar me mtorawoa eoutsksteo berein is tree and correct to the best of my knowledge and belief; tbsrt this election does not ezemd exemption limits & , corporate officers or partners as provided is §040 A2 Florida Statutes; and that I wtil secure dw payment of workers' t i m benefits, ursonot to Chu for any employee I now bave or may iovinatter compeasa P twt 440, Florida Statutes, 're, for " & my bn! i ness B rtgaircd by Florida law to trceare such benefits. IA E�3� ef�� 7�Mzn%r FOR EXE rrMN SC OCIAL s9culu' y NO. 100. dny yr. (4 DATE 011 =11, Alp N1"3 SK N Y ST OF FLORIDA, COUNTY OF L 10LI -tie -- j DATE SrGNFD Swom m ahxcrilmd bbefore she dos day of A/F_ L0 0 3 _1,I W' �JO L• > c%ej�-� o L, Pehs°naliy Known l Type of tutifiodon Pm&wod NOTARY SIGNATUR My Commi;;ion Expim / �, 7 D5 / (SEE REVEM, FOR ADDITIONAL IN I 'ORMATION) _ J DWC 2M Revised September, 2001 � ,r•4 NotarJESSICA Russo t'"* y Public - &tab; of Florida - hOyCarrrtascn£s,iresDaet7,2fl05 Ccara"Mon it DQ 1123$6 Packet Page -970- 3/26/2013 16. F.1. EXHIBIT A -1 Contract Amendment No. 1 to 09 -5174 "Management Services for Pelican Bay Services" . This amendment, dated 9r %, 2009 to the referenced agreement shall be by and between the parties to the original agreement, Dorrill Management Group, (to be referred to as "Consultant ") and Collier County, Florida, (to be xeferred to as "County"). Statement of Understanding RE: Contract #09 -5 174 "Management Services for Pelican Bay Services" The following change to the above referenced Agreement has been mutually agreed to by the Consultant and the County. The additions to the existing language in the Agreement are shown herein by underlinine: deletions from the Agreement are shown by stril eWhs: 3. THE CONTRACT SUM. The County shall pay the Consultant for the performance of the Agreement the sum of ($42,300.00) (forty two thousand three hundred dollars) for the period of time commencing on July 1, 2009 and ending on June 30, 2010, payable at the rate of three thousand five hundred twenty five dollars ($3525.00) per month, subject to Change orders as approved in advance by the County. This price shall be fixed and firm for the first year duration but will increase to fifty six thousand four hundred dollars ($56,400.00) for subsequent years of the contract. Any pre- approved travel expenses shall be paid at actual cost with no markup for travel outside of Lee and Collier County. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stat., otherwise known as the "Local Government Prompt Payment Act ". All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Consultant and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. CONSULTANT: Do By, 0 Accepted: 17-14 , 2009 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FL By:, Packet Page -971- Dianna Perri CONTRACT 3/26/2013 16.F.1. EXHIBIT A -2 Contract Amendment No. 2 to 09 -5174 "Management Services for Pelican Bay Services" This amendment, dated , 2013 to the referenced agreement shall be by and between the parties to the original agreement, Dorrill Management Group, (to be referred to as "Consultant ") and Collier County, Florida, (to be referred to as "County"). Statement of Understanding RE: Contract #09 -5174 "Management Services for Pelican Bay Services" The following change to the above referenced Agreement has been mutually agreed to by the Consultant and the County. The additions to the existing language in the Agreement are shown herein by underlining: deletions from the Agreement are shown by strfl�• COMMENCEMENT. The Consultant shall commence the work upon execution of this agreement. Tke the eeatr-aetmay be (3) tefflis of twelve (12) months OIR4 114AAR4, GOURtY's ifite"tieff to O)Aefld the Agreemeat to not less than ten (19) daYs Prier- to the ead of the Ate°' efit tefffi '' `r The current contract shall be extended and run through June 30 2014 The Agreement shall additionally provide: Commencing on February 1 2013 • The Consultant will provide 67 hours per month (804 hours per year) at a monthly rate of eight thousand two hundred and fifty ($8,250) dollars 0 _Additional proiect manager services above and beyond property management services will be billed at a rate of seventy ($70.00) dollars per hour. • For that increase of hours, the following additional services are added: • The Administrator shall be responsible for the management of the Clam Bay Natural Resource Protection Area (N.R P A) and have an understanding of Federal State and local permitting for all matters pertaining to the maintenance and dredging of Clam Pass and the adjacent esLuM and beach. • The Administrator shall also be responsible to both develop and facilitate a long-range management plan maintenance Rermit(sl and strategy to engage all stakeholders • As part of meeting requirements the Service Division currently has committees formed that include budget, landscape /water management Clam Bay, pathways trees community improvement Manning, and other responsibilities as outlined by the Pelican BE Board All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Consultant and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. Packet Page -972- CONSULTANT: Dorrill Management Group By: Authorized Signatory Print Name and Title ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legal sufficiency By: Scott R. Teach, Deputy County Attorney BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. By: Georgia A. Hiller, Esq., Chairwoman Packet Page -973- 3/26/2013 16. F.1. 3/26/2013 16.F.1. %-� PELICAN BAY SERVICES DIVISION BOARD SPECIAL SESSION MINUTES MONDAY, JANUARY 21, 2013 LET IT BE REMEMBERED that the Pelican Bay Services Division Board met in Special Session on Monday, January 21 at 9:00 AM at The Club Pelican Bay, 707 Gulf Park Drive, Naples, Florida. The following members were present: Pelican Bay Services Division Board Tom Cravens, Chairman Dave Trecker, Vice Chairman John P. Chandler Keith J. Dallas Geoffrey S. Gibson departed early Pelican Bay Services Division Staff W. Neil Dorrill, Administrator Kyle Lukasz, Operations Manager absent John Iaizzo departed early Michael Levy Susan O'Brien Mary Anne Womble Hunter H. Hansen absent Mary McCaughtry, Operations Analyst absent Lisa Resnick, Recording Secretary Also Present Kevin Carter, Field Manager, Dorrill Management Group Tim Hall, Turrell, Hall & Associates Jim Hoppensteadt, President & CEO, Pelican Bay Foundation Ken Humiston, P.E., Humiston & Moore Engineers Brett Moore, P.E., Humiston & Moore Engineers Kathy Worley, Conservancy of Southwest Florida 40 in audience AGENDA 1. Roll Call 2. Draft Clam Pass construction plans presentation by Ken Humiston, P.E., and Brett D. Moore, P.E., Humiston & Moore Engineers 3. Board Discussion 4. Audience Comments 5. *Approval of the Pelican Bay Services Division Board recommendation to the Board of County Commissioners 6. Adjourn With the exception of Mr. Hansen, nine members were present. Mr. Iaizzo and Mr. Gibson departed the meeting early. AGENDA APPROVAL Ms. Womble made a motion, second by Mr. Dallas to approve the agenda as presented. The Board voted unanimously in favor and the motion passed. DRAFT CLAM P SS CONSTRUCTION PLANS PRESENTATION Mr. Ken Humiston presented the draft Clam Pass construction plans and recommendation for the width of the dredge cut at the mouth of the Pass. The "natural width" or equilibrium cross - sectional area determines the volume of water that flows through the inlet and potentially scours sand out when waves 110111% push sand in. The actual size of the cut depends upon the tidal range in the Gulf. Past monitoring data shows Packet Page -974- 3/26/2013 16. F.1. Pelican Bay Services Division Board Special Session Minutes Monday, January 21, 2013 Mr. Chandler made a motion, second by Mr. Dallas that the PBSD approv]pIans recommendation to the Board of County Commissioners that the Clam Pass Constructioas drawn on January 17, 2013 by Humiston & Moore Engineers be utilized for an applicone -time permitting, specifically for emergency dredging to re -open Clam Pass. The voted 6 -1 in favor and the motion passed. O'Brien opposed. APPROVAL TO EXTEND MR DORRILL'S CONTRACT Mr. Dorrill informed the Board on February 12 the BCC plans to discuss his management services contract that is set to expire in June 2013. Given the Clam Pass emergency conditions that exist and additional work required, the available options are to either: 1) begin the bid solicitation process anew for district administrative services; or 2) extend his management services contract by one -year and allow for an additional four - and - one -half hours compensatory time calculated on a weekly basis. Mr. Dallas made a motion, second by Ms. O 'Brien that PBSD make a recommendatioLto e Board of County Commissioners to extend Mr. Dorrills management services contract e - year and include an additional four- and - one -half hours (4.5 hours) of compensatoe calculated on a week) basis. The Board voted unanimous) in avor and the motion a Vice Chairman Trecker made a motion, second by Chairman Cravens to adjourn. The Board voted unanimous) in avor, the motion assed and meeting adjourned at 10:38 a.m. Tom Cravens, Chairman . M Packet Page -975- Minutes by Lisa Resnick 2/6/2013 10:52:25 AM