Agenda 05/28/2013 Item #16D11 5/28/2013 16.D.11.
EXECUTIVE SUMMARY
Recommendation to authorize the chairwoman to sign an amendment to the Ecological Consulting
Solutions, Inc. Gopher Tortoise Recipient Site Agreement to receive up to an additional 10 gopher
tortoises relocated from the Gordon River Greenway Park Project Site to the NW Hackletrap Long
Term Protected Gopher Tortoise Recipient site in Hendry County for the estimated amount up to
but not exceeding $8,000 and to approve the payment of an additional $3,000 mitigation
contribution to the Florida Fish and Wildlife Conservation Commission(FWC).
OBJECTIVE: To obtain approval of an agreement amendment that will provide for the relocation of up
to 10 additional gopher tortoises to abide by County and FWC regulations for development within gopher
tortoise habitat.
CONSIDERATIONS: On June 12, 2012(Agenda Item 16E1),the Board authorized the chairman to sign
a contract with Ecological Consulting Solutions Inc., to receive up to 28 gopher tortoises relocated from
the Gordon River Greenway Park Project Site to the NW Hackletrap Long Term Protected Gopher
Tortoise Recipient site in Hendry County for the estimated cost of up to but not exceeding$22,400 and to
approve up-front payment of a $7,100 mitigation contribution to the Florida Fish and Wildlife
Conservation Commission(FWC).
Through preliminary partial burrow surveys conducted in March 2012, staff had estimated that up to 28
gopher tortoises would need to be relocated from the Gordon River Greenway Park to accommodate
development of a parking area and multi-modal trail system. After conducting 100% surveys of the
development footprint in March and April 2013, staff now estimates that between 33 and 38 gopher
tortoises will need to be relocated. Ten additional tortoises will result in an additional payment to the
recipient site of up to but not exceeding $8,000 ($800 per tortoise) and an additional up-front mitigation
contribution payment to FWC of$3,000 ($300 per tortoise). Final accounting of tortoises will result in
the return of excess contribution payment from FWC.
FISCAL IMPACT: The cost to relocate up to 10 additional gopher tortoises from the Gordon River
Greenway to the NW Hackletrap site will be up to but not exceeding $11,000 ($8,000 to be paid to
Ecological Consulting Solutions, Inc and $3,000 to be paid to FWC). Funds for the relocation are
currently available in Parks and Recreation Fund 306 — Project 80065 ($4,870) and in Conservation
Collier Fund 174 ($6,130).
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, is
approved as to form and legality, and requires majority vote for approval. -JW
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
RECOMMENDATION: That the Board of County Commissioners authorizes the chairwoman to sign
an amendment to the Ecological Consulting Solutions Inc. Gopher Tortoise Recipient Site Agreement to
receive up to an additional 10 gopher tortoises relocated from the Gordon River Greenway Park Project
Site to the NW Hackletrap Long Term Protected Gopher Tortoise Recipient site in Hendry County for the
estimated cost of up to but not exceeding$8,000 and to approve payment of an up-front additional $3,000
mitigation contribution to the Florida Fish and Wildlife Conservation Commission.
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5/28/2013 16.D.11.
Prepared By: Melissa Hennig, Senior Environmental Specialist, Department of Facilities Management
Attachments: Revised Gopher Tortoise Recipient Site Agreement
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.11.
Item Summary: Recommendation to authorize the chairwoman to sign an amendment to
the Ecological Consulting Solutions, Inc. Gopher Tortoise Recipient Site Agreement to receive up
to an additional 10 gopher tortoises relocated from the Gordon River Greenway Park Project
Site to the NW Hackletrap Long Term Protected Gopher Tortoise Recipient site in Hendry
County for the estimated amount up to but not exceeding$8,000 and to approve the payment
of an additional $3,000 mitigation contribution to the Florida Fish and Wildlife Conservation
Commission (FWC).
Meeting Date: 5/28/2013
Prepared By
Name:BetancurNatali
Title: Operations Analys,Parks &Rec-NCRP Admin
4/30/2013 4:19:24 PM
Submitted by
Title: Environmental Specialist, Senior,Facilities Manage
Name: SuleckiAlexandra
4/30/2013 4:19:25 PM
Approved By
Name: WilliamsBarry
Title:Director-Parks &Recreation,Parks&Recreation
Date: 5/7/2013 9:34:55 AM
Name:AlonsoHailey
Title: Operations Analyst,Public Service Division
Date: 5/9/2013 2:13:08 PM
Name: CarnellSteve
Title: Director-Purchasing/General Services,Purchasing
Date: 5/14/2013 3:00:38 PM
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5/28/2013 16.D.11 .
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 5/16/2013 9:03:54 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 5/17/2013 11:12:02 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 5/17/2013 3:05:06 PM
Name: OchsLeo
Title: County Manager
Date: 5/20/2013 6:35:13 PM
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GOPHER TORTOISE RECIPIENT SITE AGREEMENT
THIS GOPHER TORTOISE RECIPIENT SITE AGREEMENT (hereinafter
"Agreement") is made this I1y of-Sont, ,2012, by and between Ecological
Consulting Solutions Inc., (hereinafter"ECS"), whose mailing address is 235 Hunt Club
Blvd, Suite 202, Longwood, FL 32779 and Collier County Florida, a political subdivision
of the State of Florida (hereinafter"Client") whose mailing address is 3335 Tam iami Trail
East, Naples, Florida 34112 (hereinafter collectively the "Parties").
WITNESSETH:
WHEREAS, ECS maintains NW Hackletrap(hereinafter referred to as the"Recipient
Site"); a gopher tortoise recipient site located in Glades County, Florida that has been
approved for the release of gopher tortoises and commensal species by the Florida Fish
and Wildlife Conservation Commission;
WHEREAS, ECS agrees to provide area within the recipient site and Client (or
approved agents of the client) agrees to provide gopher tortoises and any commensal
species from a permitted relocation project with the Florida Fish and Wildlife Conservation
Commission. Client (or agents of the client) agrees to the terms and conditions below to
be used to relocate gopher tortoises and commensal species associated with the proposed
development of a project known as Gordon River Greenway Tortoises (hereinafter
"Project")
WHEREAS,the acreage of lands to be reserved from ECS has been determined by
Client (or agent of the client) based on an estimated 28 gopher tortoises; and
WHEREAS, ECS requires as part of this Agreement for Client(or agent of the client)
to remit this Agreement to ECS in order to allow Client(or agent of the client)to submit the
recipient site information for the offsite relocation permit;
NOW,THEREFORE, in consideration of the premises and of the mutual covenants
hereinafter contained, and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Parties hereto, each intending to be
legally bound, do hereby warrant and agree as follows:
TERMS OF AGREEMENT
1. Payment. The price per tortoise is Eight Hundred dollars($800.00) payable in check
or cashier's check. There will be no fee for tortoises with a carapace less than
130mm. Should only tortoises with a carapace less than 130mm be captured, ECS
will charge a pick-up and delivery fee of Five Hundred Dollars ($500.00). ECS does
not require a deposit Payment will be made upon receipt of a proper invoice and
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upon approval by the Project Manager, or her designee, and in compliance with
Chapter 218, Florida Statutes, also known as the "Local Government Prompt
Payment Act."
2. Late Fee Invoices past payment due date will be subject to interest in accordance
with Chapter 218, Florida Statutes, also known as the "Local Government Prompt
Payment Act."
3. Recipient Site Reservation. ECS will provide the necessary reservation letter and
coordination with recipient site owners. The aforementioned per tortoise fee of
$800.00 is only valid through October 12, 2012. If the FWC gopher tortoise
relocation permit is received prior to or on October 12, 2012, the agreed upon
tortoise fee is valid for the duration of the permit. If ECS does not receive a copy of
the FWC gopher tortoise relocation permit by that date, that fee is subject to change;
any increase in the amount of the fee, however, shall only be binding if the parties
mutually amend this Agreement in writing ECS does not guarantee the per tortoise
fee after October 12, 2012.
4. Permit and Completion Report. Client (or agents of the client) agrees to provide
ECS with a signed copy of the relocation permit prior to initial delivery of gopher
tortoises. Client (or agent of the client) also agrees to provide ECS with a copy of the
completion report. This information is necessary for our reporting requirements with
the Florida Fish and Wildlife Conservation Commission. Failure to do so can result in
the denial of any future requests for use of the recipient site
5. Gopher Tortoise Release. ECS will release the gopher tortoises into the designated
portion of the area of the recipient site. ECS will also provide starter burrows for each
gopher tortoise. Only ECS and the Florida Fish and Wildlife Conservation
Commission staff are allowed onsite.
6. Reservation Time Frame: ECS will reserve the Client's (or agents of the clients)
release area within the area for the duration of time associated with the gopher
tortoise relocation permit up to one (1) year after the issuance of the permit. Upon
one (1) year after the original issuance of the relocation permit by FWC, ECS will no
longer reserve said area unless written request is received from Client (or agent of
client). If no written request is received, said release area will no longer be available.
Also, if the entirety of the release area is not filled by the maximum number of gopher
tortoises permitted, the remaining area will not be reserved for future relocations for
the Client, or agents of the client. ECS reserves the right to use any remaining lands
for other relocations.
7. Contacting of Recipient Site Landowners. The Client(or agents of the client)shall
at no time, contact or attempt to contact the recipient site landowners directly or
indirectly unless consent is expressly given by ECS. Should the Client (or agents of
the Client) attempt to contact the recipient site Landowners directly or indirectly
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without expressed consent of ECS, the Client (and / or agents of the client) shall
forfeit all current and/or future opportunity for gopher tortoise relocations with the
recipient site Landowners.
8. Breach. If,for some reason, payments have not been conveyed to ECS by the Client
(or agents of the client) for gopher tortoises received, this action will constitute a
breach of the Agreement by Client, and therefore, ECS reserves the right to refuse
any additional gopher tortoises until all monies have been received from the Client
and notification to the Florida Fish and Wildlife Conservation Commission.
This Agreement may be terminated by either party for cause upon ten (10) days'
notice or by either party for convenience upon no less than thirty (30) days' advance
written notice. Termination of this Agreement for cause shall include, but not be
limited to,failure to suitably perform the work, failure to continuously perform the work
in a manner calculated to meet or accomplish the objectives of Client as set forth in
this Agreement, or multiple breach of the provisions of this Agreement
notwithstanding whether any such breach was previously waived or cured. In the
event this Agreement is terminated for convenience, ECS shall be paid for any
services performed to the date the Agreement is terminated.
9. Applicable Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Florida., as well as in accordance with all applicable laws,
statutes, including the Local Government Prompt Payment Act(218.735 and 218.76
F.S.) as amended in the 2010 legislative session, ordinances, codes, rules,
regulations and requirements of any governmental agencies, which regulate or have
jurisdiction over the Project or the services to be provided and performed by ECS
hereunder. The venue of any action to enforce the terms of this Agreement shall be
in Collier County, Florida.
10.Entire Agreement. This Agreement contains the entire understanding between the
Client and ECS and the Client and ECS agree that no representation was made by or
on behalf of the other which is not contained in this Agreement, and that in entering
into this Agreement neither relied upon any representation not especially herein
contained. This Agreement shall not be binding upon the Client and ECS until
executed by an officer of the Client and ECS, if applicable its corporate seal affixed,
and an executed copy of the Agreement has been delivered to the Client and ECS.
11.Amendments and Waivers. This Agreement may not be amended, modified,
altered, or changed in any respect whatsoever, except by a further agreement in
writing duly executed by each and all of the parties hereto. No failure by Client or
ECS to insist upon the strict performance of any covenant, duty, agreement or
condition of this Agreement or to exercise any right or remedy upon a breach thereof
shall constitute a waiver of any such breach or of such any other covenant,
agreement, term or condition. Any party hereto, by notice, may but shall be under no
obligation to, waive any of its rights or any conditions to its obligations hereunder, or
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any duty, obligation or covenants of any other party hereto. No waiver shall affect or
alter this Agreement, but each and every covenant, agreement, term and condition of
this Agreement shall continue in full force and effect with respect to any other then
existing or subsequent breach thereof.
12. Captions; Genders. Captions used in this Agreement are for convenience of
reference only and shall not affect the construction of any provision of this
Agreement. Whenever used, the singular shall include the plural, the plural shall
include the singular, and gender shall include all genders.
13. Partial Invalidity. In case any term of this Agreement shall be held to be invalid,
illegal or unenforceable, in whole or in part, neither the validity of the remaining part of
such term or the validity of any other term of this Agreement shall in any way be
affected thereby.
14. Calculation of Time. Time periods of five(5) days or less shall be computed without
including Saturdays, Sundays, or national legal holidays, and any time period existing
on a Saturday, Sunday or national legal holiday shall be extended until 5:00 p.m. on
the next business day.
15. Effective Date. This Agreement is effective on the date on which the last of the
parties signs this Agreement.
16. Typewritten or Handwritten Provisions. Handwritten provisions and/or typewritten oak
provisions inserted in this Agreement, which are initialed by both parties, shall control
over the printed provisions in conflict therewith.
17. Counterparts. This Agreement may be executed in any number of counterparts, any
one and all of which shall constitute the agreement of the parties and shall be
deemed one original instrument.
18. Time is of the Essence. Time is of the essence under the terms of this Agreement.
19. Indemnification. To the maximum extent permitted by Florida law, ESC 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 ESC or anyone employed or utilized
by ESC 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.
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IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement, to
become effective as of the date and year first above written and in accordance with the
terms of this Agreement.
ECS:
Ecological Consulting Solutions Inc.
By: f/1/', _
Walter Griffy Pr- ident
Client:
BOARD OF COUNTY
COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTESS; ' %=''49+
DwightE, B:rock,'Cletk of Courts .1--L-14t-
Dated: 4 (01, *12.5 ' Fred W. Coyle, Chaii r t
S L)'
iii' 41 11.
Executed on c e_ k a, 2012
Approved as to form and legal
Su► ie cy.
Alb
Derr County Attorney
6..4
Print Name
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EXHIBIT A-1
Amendment to
"Gopher Tortoise Recipient Site Agreement"
This amendment,dated May ,2013 to the above referenced agreement shall be by and between the
parties to the original Agreement,Ecological Consulting Solutions,Inc.,(hereafter, "ECS")and Collier
County,Florida,a political subdivision of the State of Florida(hereafter,the"County").
Statement of Understanding
RE:Agreement-"Gopher Tortoise Recipient Site Agreement"
In order to continue the services as provided for in the above-referenced Agreement, ECS agrees to
amend the Agreement as set forth in this Exhibit "A-1." The additions to the existing language in the
Agreement are shown herein by under deletions from the Agreement are shown str-ikethfeegtis:
Under the section labeled WITNESSETH,the third paragraph is amended as follows:
AREAS,the acreage of lands to be reserved from ECS has been determined by Client(or agent
of the client)based on an estimated 2$38 gopher tortoises;and
Numbered Paragraph 3 on Page 2 of 5 is amended as follows:
3. Recipient Site Reservation. ECS will provide the necessary reservation letter and coordination with
recipient site owners` The aforementioned per tortoise fee of$800.00 is only-valid through Geer-.}_2.;
_ the duration of-the FWC gopher tortoise relocation + e
."- w _ _ .- - permit. 3€L: -
y.
All other terms and conditions of the Agreement shall remain unchanged and in force.
IN WITNESS WHEREOF, ECS and the County have each, respectively, by an authorized person or
agent,hereunder set their hands and seals on the effective date indicated above.
ATTEST:
Dwight E.Brock,Clerk of Courts OWNER:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
By:
By:
Georgia A.Hiller,Esq.,Chairwoman
Approved as to form and
Legal sufficiency:
Deputy County Attorney
1
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ECOLOGICAL CONSULTING SOLUTIONS, INC.
By.
- -
Walter " President
Witness:
Print Name: 2. )C4-\ VEL-Q41\cN\e--
Witness: Qt' jr5bL .
Print Name
C;)
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