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• Proposed v.Needed Beach Renourishment-Material Discrepancies Noted Page 1 of 2
Cesnot Al cL,e2 fl i j? fl C)t ,
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Proposed v. Needed Beach Renourishment- Material Discrepancies Noted /-/ei7)4r/o,4
HillerGeorgia
Sent: Monday,May 07,2012 3:23 PM
To: HillerGeorgia
There is a material difference between what the county claims is needed to renourish the beaches and what is in fact needed based on the current state of the
beaches.
The intent should be to restore the beaches to their as built volumes in 2006,with a six(6)year design life.
We know what the current sand volumes are based on the monitoring reports compiled by Humiston&Moore Engineers,which you all have.
The county can't know what will be needed to avoid renourishing for a 10 year period.
What is significant is that Alternative 2 of CPE's concept plan which proposes what is needed to implement the"traditional/existing"2006 design,materially
overstates the cubic yards needed to restore the beaches to 2006 volumes.
If CPE's Alternative 2 is materially overstated,in other words you don't even need as much as what CPE is proposing for six years,you don't need what is
being proposed for 10 years which follows.
Please refer to Page 41 of the proposed Renourishment Concept Plan prepared by Coastal Planning&Engineering("CPE"). (See attached.)
CPE introduction states on Page 41 that 482,031 cubic yards of sand are needed to re-establish the Vanderbilt,Park Shore and Naples beaches back to the
2006 historic design standard with a six year design life.
The Humiston&Moore monitoring report shows that since 2006 to the present,the erosion amounts to 180,000 cubic yards of sand.
CPE overstates the loss of volume by 302,000 cubic yards.CPE's design requires over 2.5 times more than what is needed to achieve the 2006 as built
volume.
The 2006 as built volume upon completion of the renourishment was 667,000 cubic yards.
There is more than 500,000 cubic yards of sand still remaining on these beaches,6 years later.
The actual 6 year loss of 180,000 cubic yards represents a loss of only 27%,and yet CPE is proposing a design as if 73%of the beaches have eroded.
On Page 41 of CPE's concept plan,even the wording as to what is the proposed standard for each of the three beaches differs.
Reiterating,CPE under alternative 2,entitled Traditional Existing Design,materially overstates what is needed to achieve the 2006 design causing
alternative 3,the 10 year design for advanced renourishment,to be overstated since it builds on alternative 2.
A summary and analysis of Page 41 of CPE's plan follows:
1.CPE's proposal for Vanderbilt Beach-"41,733 CY to refill to 2006 design"
Analysis:
The 2006 design was 178,000 CY meaning CPE is renourishing for a 24%loss which brings that beach back to the 2006 design.
2.CPE's proposal for Park Shore Beach-"138,132 CY to bring it back to the INTENDED STANDARD"
Analysis:CPE's proposal presumes a 99%loss of the Park Shore beach.The 2006 as built volume was 140,000 CY.CPE's proposal states 138,132 CY are
needed.This is not the case.See Humiston&Moore's monitoring report.Note that the wording"2006 design"applied to Vanderbilt has been replaced by
"intended design standard"which is not defined and is not the 2006 design standard.
3.CPE's Proposal for Naples Beach-
"302,166 CY to return to its FULL DESIGN INTENT"
Analysis:Again,CPE's proposal grossly overstates what is needed.The as built volume of Naples Breach in 2006 was 345,000 CY.Requiring 302,166 CY
suggests a 87%loss which is not the case.See Humiston&Moore's monitoring report.Importantly,note the standard is not the"2006 design"as for
Vanderbilt.The wording for this beach's standard even differs from the Park Shore standard.Lastly,"full design intent"is not defined.
In sum,under alternative 2,only Vanderbilt Beach is being renourished to the 2006 design standard based on actual losses,verified by Humiston&Moore's
monitoring report.
Park Shore and Naples are being renourished to completely different standards,far in excess of what is need to achieve the 2006 design.Again the average
actual loss for these 3 beaches is about 25%.The design for Park Shore provides for 99%or 74%more than the 2006 design.The design for Naples
provided for 87%or 62%more than the 2006 design.
CPE grossly overstates what is needed to achieve the 2006 design standard,before even offering the 10 year design standard/needs which builds upon the
2006 design standard.
Neither alternatives 2,nor 3 can be relied upon.
https://mail.colliergov.net/owa/?ae=Item&t=IPM.Note&id=RgAAAACBw7hYJwxISLoTg%2fI%2fUsGxBwAOKygR7oFzTb... 5/7/2012
. Proposed v.Needed Beach Renourishment-Material Discrepancies Noted Page 2 of 2
trio--
kern 44-
,L
Furthermore,the Barefoot Beach renourishment must remain outside of the scope of this renourishment plan.Barefoot is a separate and distinct project that
is part of the Wiggins Inlet Management Plan and must be financed and monitored separately from the VB/PS/Naples plan,as has been the case in the past.
Incidentally,the engineering design for Wiggins Pass was done by CPE,the same firm that is proposing the overstated renourishment concept plan.The
Wiggins project is estimated at between$3.5 to$5 million dollars.It is an unproven approach,and as such the portion of this project related to
renourishment should not be buried in the VB/PS/Naples project.The financial success or failure of the Wiggins Inlet project and the resulting erosion of
Barefoot Beach needs to stand on its own.
The financial impact of adjusting the concept plan based on the overstatement of the actual need and the Barefoot addition-without even going to the merits
of the additional representations in alternative 3-is approximately an$8,045,000 reduction in the projects cost.
Alternative 2 would drop from$19 million to$14 million.Alternative 3 would drop at a minimum from$31 million to$23 million.
Adjusting for the volume inflation in concept 2,and the scope adjustment in concept 3,the overall savings over what has been adopted by the BCC is$17
million,which is the difference between$31 million(BCC adopted)and$14 million(need based).
As to the Marco beaches,the monitoring report shows that the Marco beaches have grown since the 2006 renourishment by 174,000 CY of sand.There has
been accretion,not erosion,except with respect to the South Marco beach which has lost 14,000 CY,but is filling in naturally.So why is additional sand
being proposed for those beaches,which are now larger then they were after being renourished in 2006?The proposed cost to add 104,000 CY of sand to the
Marco beaches should be removed saving almost$2 million.
Separately,any federal funds related to Tropical Storm Fay should only go to those beaches adversely affected by that storm and made a part of the grant
request.I have asked for a copy of the grant proposal and a summary of the funding expended by the county and reimbursed by the Feds to determine where
the county stands on this application.This storm occurred several years ago.Those beaches should already have been restored to their pre-storm volumes.A
separate review of this matter will follow upon completion.
It is clear from the few examples presented above that Commissioner Henning is justified in bringing this matter back for reconsideration.
With thanks,
Commissioner Georgia Hiller
Under Florida Law,e-mail addresses are public records. If you do not want your a-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.
https://mail.colliergov.net/owa/?ae=Item&t=IPM.Note&id=RgAAAACBw7hYJwxISLoTg%2fI%2f UsthcBwAOKygR7oFzTb... 5/7/2012
� i
46/0
Park Shore
The north Park Shore FEMA limits extend from R-45 to R-47. These profiles will
receive 21,000 cubic yards of fill centered about R-46.
The south Park Shore FEMA limits extend from R-51 to R-53. The design volume for
this area is 30,000 cubic yards centered about R-52.
Naples Beach
The fill limits for the Naples Beach FEMA project extend from R-58A to R-65 and R-70
to R-72. In total,this area has a design volume of 84,000 cubic yards. The profiles to the
north will receive 64,000 cubic yards of fill concentrated near R-62 to help mitigate
losses to Doctors Pass. The area between R-70 and R-72 is also designed to receive
20,000 cubic yards, with fill centered about R-71.
Alternative 2: Traditional/Existing Design
The design volume is based on the quantity of sand needed to re-establish the design berm and
provide 6 years of advanced nourishment using the 2006 project design. The design berm is 100
feet in Vanderbilt and Naples Beaches and 85 feet in Park Shore Beach. The amount of fill
needed to bring the historic project areas back to design standard with a six year design life is
482,031 cubic yards (Table 8). The design method in spreadsheet form is provide in Table 11 at
the end of this report.
Vanderbilt Beach
The fill limits of the previously permitted project in Vanderbilt are approximately R-22 to
R-31. This area needs approximately 41,733 cubic yards to refill the 2006 design.
Park Shore Beach
The fill limits of the previously permitted project in Park Shore are approximately R-45
to R-55. Overall this area needs 138,132 cubic yards to bring it back to the intended
design standard.
Naples Beach
The fill limits of the previously permitted project in Naples are approximately R-58A to
R-79. Overall,this area needs 302,166 cubic yards to return to its full design intent.
Alternative 3: Expanded Design
The design volume for the expanded design is based on the quantity of sand needed to widen the
construction profile to provide 10 years of advanced nourishment. The design beach width
41
COASTAL PLANNING&ENGINEERING,INC
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Aiem *704
remains the same as Alternative 2, except as stated below. The area south of Doctors Pass and
Clam Pass will have a design width of 80 feet.
This design volume includes raising the berm 1 foot for the expanded design option. The berm
will be raised from 4 ft NAVD to 5 ft NAVD, but additional analysis will be needed to provide
the proper transition between the natural beach and berm system, and the additional height may
not be practical everywhere. From preliminary analysis, it appears that approximately 75% of
the profiles can be heightened. A typical cross-section comparing the 2005/06 permitted
template versus the expanded template is shown Figure 8. The design method in spreadsheet
form is provided in Table 12 and 13 at the end of this report.
Typical Naples Beach Profile
2006 vs 2010 Template Comparison
8
-1010 Profile
6- X2006 Template
,JI
...Expanded Template
4
2_ 10
1 \
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0
8 1` \
1s -2- 1 \
a
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-8-
-10
50 100 150 200 250 300 350 400 4;0 500
Distance(kj
FIGURE 8: Typical Naples Profile.
Vanderbilt Beach
The fill limits of the Vanderbilt project area are approximately R-22 to R-31.
Approximately 58,056 cubic yards is proposed within this project area to expand its
design life and raise the berm elevation. The design beach width and berm elevation is
100 feet and 4 ft NAVD respectively. An increased elevation of 5 feet NAVD will be
used where the landward intercept is accommodating and/or where beach width is
restricted by near shore hardbottom.
42
COASTAL PLANNING&ENGINEERING,INC
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Park Shore Beach
The fill limits of the Park Shore project area are approximately R-45 to R-55. Overall,
approximately 186,166 cubic yards of material is proposed for placement within this
reach. This volume is restricted at a few areas due to the close proximity of hardbottom,
which may limit project life. This may be moderated by analysis during modeling or the
detailed design phase. The design beach width and berm elevation is 85 feet and 4 ft
NAVD respectively. An increased elevation of 5 feet NAVD will be used where the
landward intercept is accommodating and/or where beach width is restricted by near
shore hardbottom.
Naples Beach
The fill limits of the Naples Beach project area are approximately R-58A to R-79. The
expanded design within this area requires 413,008 cubic yards of material. The profiles
immediately south of Doctors Pass near R-58 cannot fit an expanded template needed to
support a 10 year renourishment interval due to potential hardbottom impacts. Modified
inlet management practices should be able to address much of the hot spot problem,
supplemented with a spur off the Doctors Pass jetty. The volume for this reach does not
change with a change in inlet disposal locations, but the distribution of fill in Table 12
does. The design beach width and berm elevation is 100 feet and 4 ft NAVD respectively.
An increased elevation of 5 feet NAVD will be used where the landward intercept is
accommodating and/or where beach width is restricted by near shore hardbottom. The
design width south of the inlet is 80 feet through R-59, due to the hardbottom restrictions.
New Areas
The two new areas that are proposed for the expanded project are located directly north
of Wiggins Pass and directly south of Clam Pass.
Barefoot Beach
The Barefoot Beach area is located from R-14 to R-16 and has recently been designated
as a critically eroded area by the FDEP. Approximately 100,000 cubic yards is proposed
within this area to supplement fill placed from the maintenance dredging of Wiggins Pass
and the proposed inlet realignment project.
Initial estimated total cut volumes from Wiggins Pass are realignment approximately
80,000 cubic yards. This material will be used to fill the meander channel and create
dikes along with restoring the shoreline to the north. The shoreline at Barefoot Beach
requires more sediment than available from dredging the Pass, so supplementing it with
fill from the renourishment project will aid in its restoration. It is estimated that 25,000
cubic yards can be provided on the initial inlet dredging, and at least 35,000 cubic yards
every 4 years thereafter. In conjunction with nourishment, almost 200,000 cubic yards
can be placed in 8 years. The design berm elevation is 4 ft NAVD or equal to the natural
43
COASTAL PLANNING&ENGINEERING, INC
•
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beach. The design goal in conjunction with inlet management is to restore the beach
towards historic widths.
Clam Pass Park
The area south of Clam Pass from R-42 to R-45 is the second proposed expansion area to
the Collier County Renourishment Project. Fill to the north of Park Shore will stabilize
the area, acting as a feeder beach. Approximately 30,000 cubic yards is proposed within
this area. The fill will supplement sand from bypassing at Clam Pass, which alone is
insufficient. The disposal site for Clam Pass bypassing should be extended further south
to address a hot spot located south of R-44. The design template will be the similar to
that proposed for the Clam Pass dredging project. The design beach width and berm
elevation is 80 feet and 4 ft NAVD, respectively. An increased elevation of 5 feet NAVD
will be used where the landward intercept is accommodating and where beach width is
restricted by near shore hardbottom. The width is restricted for this entire reach.
Alternative 4: Erosion Control Structures
Structures have been proposed as one means of alleviating erosion in hot spot areas. Some types
of structures suitable for use in Collier County are illustrated at the end of this report in
Photographs 10 through 15 and Figure 20. Structural changes being considered for modeling are
described in section XIV.
Alternative 5: Alternative Sand Sources/Construction Methods
Alternative sand sources and construction methods will be considered during design and project
life. Each of the borrow areas that are proposed for use during the upcoming project requires
different equipment in order to bring sand to the project area. For Borrow Area T1, a medium
sized hopper dredge will be needed along with approximately 3 miles of submerged pipeline to
transport the material to the shore. Booster pumps will also be required to supply extra force to
ensure the sediment can transverse the entire length of the pipeline. For the Cape Romano
borrow area, a hydraulic dredge with a scow will be required to remove sediment from the
source. A small hopper dredge would also be feasible. Due to each of the borrow area's unique
traits, a joint borrow area bidding scenario is unlikely, but could be feasible if a bidder used a
hydraulic dredge and scow.
In addition to the initial fill placement, upland sand sources may be used to alleviate erosional
hot spots. Truck haul projects are advantageous when a small area requires extra fill, but they
cause an unwarranted nuisance and need to be avoided. Mobilization prices can be costly for
dredges, so using an upland sand source helps reduce the cost for smaller projects.
44
COASTAL PLANNING&ENGINEERING, INC
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Gaps in Fill
Currently, gaps are proposed where a portion of shoreline does not need fill. If desired by the
County, these gaps can be filled in at a minimum 10 c.y./l.f., which is the smallest practical
amount a dredge contractor can place. This "gap fill", however, will substantially increase the
cost of the project, but does help prevent lateral spreading of the design fill into surrounding
areas.
It is important to note that these gaps may be modified in the final design. Some gap areas may
be partially filled in to alleviate losses from spreading and to account for detailed hardbottom
avoidance. Below is a list of the areas where there are gaps in fill plan and no fill will be placed
for Alternatives 2 and 3:
R-22 to R-24 R-50 R-66 to R-69
R-31 R-54 R-73 to R-75
R-49 R-55 R-77 to R-79
XIII. SCHEDULE
The project is tentatively scheduled for the November 2013 to April 2014 period, and will take
approximately 4 months. If construction savings are desired, then summer construction in
conjunction with another community offers the best prospect for savings. The May-July period
has the calmest weather, which will lead to a shorter construction period and higher production
rate when pumping.
XIV. TASK LEADING TO CONSTRUCTION OF THE 2013-14 PROJECT
The project cost includes dredging and the professional services and management necessary to
bring the project to construction and complete the required pre-, during- and post construction
monitoring and inspections. This list should be updated based on a pre-permit application
meeting with FDEP. A list of the tasks needed to prepare the project for construction and
conduct the inspections and investigations necessary are summarized below:
Permit Design, Plans and Specification for 2013-14 Project
Pre-Application Meeting FDEP
Pipeline Corridor Mapping-3 New Ones with Operational Areas
Special Design Survey for Structures, ECL& 3D Design
Process ECL
Survey Structural Areas
Survey intermediate lines at hardbottom inflection points for 3D design
3-D Design Update(around hardbottom)with larger fill section and new reaches
Add Clam Pass Park and Barefoot Beach
Address Hot Spots and Hardbottom Avoidance with intermediate profile line
Run model with refinements and to revalidate design and Spreading magnitude
Design structure modifications and removals
Prepare BOEMRE Environmental Assessment
45
COASTAL PLANNING&ENGINEERING, INC
Prepare&submit permit modification to 2005 Permit with new Permit Sketches
RAI Cycle with Meetings
Update biological and physical monitoring plans
Develop Hardbottom Impact Assessment
Develop Plans and Specifications
Bidding and Award
Pre-, During- and Post-Construction Task
Pre-Construction Survey
Pre-Construction Biological Monitoring
Hardbottom mapping using side scan
Construction Assistance Services
Pipeline Corridors Monitoring
Shore Bird Sea Turtle Monitoring
Post-Construction Survey, Report and Certification
Post-Construction Biological Monitoring and Report
XV. COST ANALYSIS
The cost of the project is principally a function of distance to the borrow areas, cut depths, and
shallowness of the nearshore bathymetry, which leads to long pumping distance after the sand
has traveled to the submerged pipeline location. Grain size, water depth at the borrow area, and
equipment play a secondary role. This cost estimate is based on experience derived from the
2005/2006 Collier County Renourishment Project, recent dredge industry practices, and a price
adjustment of 2.2% per year until 2013-14. Dredge contractors are placing a larger percent of
cost in mobilization, and less in the unit cost component. The cost in Table 9 is summarized
based on the volumes in Table 8.
Given the ever increasing cost of dredging, combined bidding of the Collier County project with
a similar regional project from the west coast of Florida could provide a significant cost savings.
We have an estimate for cost saving considering a joint biding with another county or city
government.
A limited amount of structural work is considered,which includes building the south jetty spur at
Doctors Pass and the removal of a few groins. Some matereail form groin removal may be
suitable for use in the Jetty spur. The cost estimate includes removal of some of the existing
groins for Alternative 2 and 3, and the construction of a jetty spur for Alternative 3. There is no
cost difference for the alternatives designed to support sand bypassing to the Lowdermilk Park or
adjacent to the Doctors Pass south jetty disposal area. Doctors Pass dredging would be less
expensive with the closer disposal area. Fill for a feeder beach or additional advanced
nourishment to a hot spot has been included for use during the detailed design phase of this
project. The cost for increasing the beach design elevation to 5 ft. NAVD is small and will
decrease the potential for hot spots.
The County currently has a FEMA approved project based on erosion experienced during
Tropical Storm Fay. This funding can help support the mobilization and demobilization costs,
46
COASTAL PLANNING&ENGINEERING, INC
•
A'em
which are a costly component of the project. The County may also obtained cost sharing money
from the FDEP,which will be used for applicable areas of the project.
Alternative 2A illustrates one way to reduce the price of the project. It keeps the renourishment
interval at 6 years, while keeping the two new reaches and limited structure funding. There are
many strategies and small changes to the project that can be implemented to reduce the price,
which can be fleshed out during the planning and implementation process. For example the cost
savings of reducing the renourishment interval from 10 to 8 years amounts to $2.8 million. A
moderate savings is assumed in the cost estimate from use of joint bidding and construction with
an adjacent project to including cost efficiency desired by the dredge contractors. The greatest
dredging cost savings need the following characteristics:
-Early availability of draft Plans and Specifications
-Long and Flexible Construction Timetable
-Combined bidding with similar public projects
-Construction period includes calmer months—May to July
The total project cost including engineering, permitting, surveys and monitoring for the three
main alternatives are provided in Table 9. Potential savings are estimated, including reducing the
project to an 8-year life.
47
COASTAL PLANNING&ENGINEERING,INC
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TABLE 9
COLLIER COUNTY PRELIMINARY COST ESTIMATE
Alt.1 FEMA Alt.2 Alt.2A Alt,3 10-yr
Design Existing Existing Nourishment
Item Unit Unit Cost Design Design interval
Construct Beach Fill Hydraulically
Fill Volume C.Y. 175,000 482,031 612,031 787,130
I.Mobilization/Demobilization L.S. $3,700,000 $3,700,000 $3,700,000 $3,700,000
Beach Fill
2.Vanderbilt Beach(R22.5-R31) C.Y. $28.00 $1,120,185 $1,168,707 $1,168,707 $1,625,832
3.Pelican Bay Beach(R31-R37) C.Y. $31.55 $0 $0 $0
4.North Park Shore Beach(R43.5-R48) C.Y. $31.88 $669,391 $1,303,126 $1,303,126 $1,585,146
5.Park Shore Beach(R48-R54.5) C.Y. $26.23 $786,780 $2,550,508 $2,550,508 $3,575,581
6.Naples Beach(R58A-R79) C.Y. $30.29 $2,544,759 $9,154,037 $9,154,037 $12,511,965
7.Hot Spot/Feeder Volume C.Y. $29.59 $591,806
Environmental Monitoring
8.Set Buoys for Pipeline Corridor $28,747.46 $28,747 $28,747 $28,747 $28,747
9.Turbidity Monitoring $197,692.43 $197,692 $197,692 $197,692 $197,692
Offshore Sea Turtle Monitoring(Hopper Dredge only)
10.Mobilization/Demob.of Turtle Trawler Event $4,233.83 $4,234 $4,234 $4,234 $4,234
I1.Relocation Trawling Day $4,068.75 $64,730 $178,297 $178,297 $243,063
12.Endangered Species Observer Day $673.18 $10,710 $29,499 $29,499 $40,215
13.Payment and Performance Bond L.S. I $91,272 $183,148 $183,148 $241,043
SUB-TOTAL $9,218,501 $18,497,995 $18,497,995 $24,345,324
New Reaches
14.Barefoot Beach C.Y. $28.00 $0 $0 $2,800,000 $2,800,000
15.Clam Pass Park C.Y. $31.71 $0 SO $951,300 $951,300
New reaches Sub-total $3,751,300 $3,751,300
Alternative 4:Structures SO SO $400,000 I $1,600,000
16.Phase I Removal of Groins $0 $0 $400,000 $700,000
17.Jetty Spur $0 $0 $0 $900,000
Professional Services $906,950 $906,950 $1,265,301 $1,490,987
18.Final Design and Permitting $266,460 $266,460 $487,562 $576,000
19.Pre-,During&Post Construction Services $640,491 $640,491 $777,739 $914,987
Sub-total without Savings $10,125,451 $19,404,945 $23,914,5951 $31,187,611
Project Saving Goal Sub-Total -$1,233,490 41,818486 I -$2,016,322 I -55,614,001
20.Combined Project/Mobilization -$1,000,000 -$1,000,000 -$1,000,000 -$1,500,000
21.Year Round and Flexible Construction Specs -$333,490 -$918,586 -$1,166,322 -$1,500,000
2/Turtle Relocation $100,000 $100,000 $150,000 $150,000
23.Reduce Project Design Life to 8 years. $0 $0 $0 -$2,764,001
Sub-total with Savings $8,891,961 $17,586,359 $21,898,274 I $25,573,610
5%Contingency $444,598 $879,318 $1,094,914 $1,278,680
TOTAL _ $9,336,559_ $18,465,677 822,993,187 526,852,290
48
COASTAL PLANNING 8 ENGINEERING,INC
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Mary Lou Smart
576 103rd Avenue North, Naples, FL 34108 (239) 566-3501 smartieml @earthlink.net
Collier County Board of Commissioners
Tuesday, May 8, 2012
I am here today to discuss the proposed change in the Tourist Development Ordinance
calling for more stringent requirements in regards to "experience."
Item 11B under the County Manager's report:
Recommendation to approve an amendment to the Tourist Development Council
(Advisory Board) Ordinance No. 92-18, as amended, to more specifically conform to the
statutory language in Section 125.0104(4)(e), Fla. Stat., to include the TDC
recommendation to make the language more stringent with "experience', and to
authorize Staff to advertise the Ordinance and return to Board for adoption. (Jack Wert,
Tourism Director).
Is there a great need to make the wording on this ordinance more restrictive? The Florida
statute gives county's broad power in creating the tourist development ordinances for
good reason. In one of Florida's largest county's you should be looking for wide-ranging
experience on any board that has a say in how to spend money that will promote
something as important as tourism.
It is the job of people on the board to i t the ordinance in order to pr-emete
to.urim. I'm not sure that "tourism experience" is the best qualifier fefr ' orf
Wit . The ordinance, for example, specifically states that the funding of beach
facilities is definitely a permitted expenditure. The TDC board members who vehemently
opposed the funding of the beach facility that will be built in north Naples were the
hoteliers. Meanwhile, beaches all over Florida and all over Collier County have beach
facilities that are well-loved by repeat visitors to our area. This amenity will benefit
tourism, and therefore benefit our local economy, and the ones who would supposedly
have the greatest "tourism experience" voted against it.
Tourism is much more than hotels, and I question the wisdom of painting yourself into a
box dominated by the same people with self-serving interests who do nothing more than
chant the advertising-only mantra. These public funds should be used to promote tourism
in Collier County, but they were never intended to be an advertising subsidy for private
businesses. If you are reviewing the ordinance, however, someone might like to note that
there is no place in the Florida statute or the Collier County ordinance that says that the
r =ft rib
busiest hotel with the highest room rates should have a permanent seat on this board, as
was recently suggested.
The state statute mentions drawing representation from "tourist accommodations" that
are subject to the tourist tax, and that can be interpreted many ways. Instead of more
stringent wording, please keep your options open to be able to choose appropriate
representation from the entire county and to include varied types of tourism business.
Everglades City, for instance, does a fantastic job of promoting itself as an ecotourism
destination. Why don't you consider an Everglades City tourism professional for your next
opening?
The ordinance that is being discussed was reviewed and approved by voters in a
referendum. If there is such a great need to change this ordinance, don't you need to
bring it back to the voters?
Thank you.
Mary Lou Smart
567 103rd Avenue North
Naples, FL 34108
3
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Patricia L. Morgan
From: MitchellIan <IanMitcheII@coIIiergov.net>
Sent: Tuesday, May 08, 2012 11:50 AM
To: Patricia L. Morgan
Subject: FW: Misrepresentations of Proposed Commerce Bank Agreement LOI 10-5562
Attachments: Document requested by Linda Valentine[l].pdf, LOI 10-5562.pdf, 10-5562 Meeting
Notes - 4-13-11 answers (1).docx
Item 7
From: MitchellIan On Behalf Of ColettaJim
Sent: Tuesday, May 08, 2012 11:45 AM
To: MitchellIan
Subject: FW: Misrepresentations of Proposed Commerce Bank Agreement LOI 10-5562
From: levalenti ne(cbcomcast. net rmailto:levalentine(abcomcast.net1
Sent: Monday, May 07, 2012 11:18 AM
To: FialaDonna; HillerGeorgia; Tom; CoyleFred; ColettaJim
Subject: Misrepresentations of Proposed Commerce Bank Agreement LOI 10-5562
Commissioners:
Before making any decisions on the above-captioned agreement, please see my attached
comments. As the main contact for Collier County in the investigation of the product and the
negotiation of the contract, my comments should be of interest.
Under Florida Law e -mail addresses are public records It you do riot want your email address released in response to a public records request, do riot send
electronic iiiail to this entity. Instead contact this office by teleptione or in miting
1
Nem ;4- 7
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May 07, 2012
The Honorable Board of County Commissioners
Naples, Florida 34112
April 26, 2012
Re: LOI 10 -5562
Dear Commissioners:
offer this attached summary for your information as an example of the continued lack of efficiency and mistrust tna:
exists between Board Departments, the Clerk of the Courts and vendors /suppliers trying to provide service, and rece ve
payment. Far too often well intended staff members are summarily dismissed without any factual support with
statements like: "What you are trying to do is illegal," or "we cannot do that because we are government," or "You just
don't really don't understand." I do understand, I am a law abiding, taxpaying ethical individual In this community, and
what you are allowing to occur is not only immoral, but is eroding businesses in Collier County.
I am the former Purchasing Card Administrator for Collier County and a Certified Purchasing Card Professional by the
National Association of Purchasing Card Professionals (NAPCP). Prior to employment with Collier County, I had more
than 25 years' experience as a financial manager for the Federal Government and private corporations. I am well
acquainted with both government regulation and standard accounting practice. I wish to clarify inaccurate information
that was presented during the public petition at the last Board meeting on April 10, 2012.
The discussion of the e- payables product was inaccurate and the Board cannot reach a valid conclusion based on
erroneous information. As one example, Ms. Kinzel stated that the bank submitted a contract for purchasing cards
which was not what was solicited. This is factually incorrect. The e- payables product is a purchasing card product. lust
as one may purchase an automobile from Chevrolet that comes with a variety of styles and options, so can one contract
for a purchasing card product that has a variety of options.
1 offer the following summary attachment as the history of what occured to highly reputable company in the industry. I
would appreciate a response, and more imporatntly, I urge you to expediently seek to resolve the continued lack of
efficiency and mistrust that exists between Board Departments, the Clerk of the Courts and vendors /suppliers,
Respectfully,
~Linda E. Valentine
a
Summary of Events
ePayables Solution
What defines a purchasing card is largely that goods and services are purchased by an entity using an established credit
card gateway, such as Visa or MasterCard. It would be difficult to explain in one letter the many flavors of purchasing
card accounts. These cards are basically off - the -shelf products that do not carry an interest rate as they are to be paid in
full on an agreed -upon date and they often carry revenue share, depending on the specific product, The initial contract
provided offered the flexibility to ask for plastic too and upon objection, that option was removed.
Collier County has a purchasing card contract with SunTrust Bank. This contract was negotiated by Collier County
Purchasing. The State of Florida also has a State contract for purchasing cards. Some years before my arrival at the
County, Collier County Purchasing adopted the State contract. It is my understanding the State provider, Bank of
America, withdrew from the agreement due to lack of timely payment by the Clerk. I am aware of no case where the
Clerk contracts for purchasing cards for a Board, The person or entity responsible for the purchase makes the
agreement for the credit card. Commissioner Hiller's and Commissioner Henning's statements to the effect that the
Clerk should control this agreement is not consistent to my knowledge with any other State government arrangements.
There are a host of benefits that accrue to the County by using these cards, over and above any revenue share received.
Your Purchasing Department has a copy of the last RMPG Consulting Benchmarking Survey that can explain this in detail,
but among the largest benefits are the ability to acquire goods faster with less expense, and benefits that accrue to the
Clerk's office such as reduced banking fees, postage and the elimination of 1099 reporting to the IRS for services
purchased on a card.
Collier County Purchasing sought to replace needed revenues by increasing our revenue share. A steering committee
comprised of the directors of some of the largest County departments was convened and the direction was to go with
the e- Payables product rather than the existing plastic card arrangement. Concerns were that the Clerk does not accrue
or encumber the existing purchasing card transactions and the departments would face issues in tracking budgets as
well as a loss of documentation without the support of the existing requisition /purchase order process.
During this time, Purchasing entertained any and all financial institutions that came of their own accord to advertise
their products. I can recall Commerce Bank, Synovus Bank, JP Morgan Chase and Fifth Third for certain. When banks
offered to demo an e- payables solution, the Clerk's personnel attended, asked many questions, and sent up no red flags.
Upon the direction of the steering committee, Purchasing went forward looking for a provider. In my role as Purchasing
Card Administrator, I met with banks that called on us as well as attended the NACP annual conference to gather
information on products and providers. I conducted extensive interviews with end -users to determine potential costs
and pitfalls. With sufficient expertise and insight, Purchasing went forward with competitive solicitation in the form of
an LOI. In Bay County, the Clerk's office identified the Commerce Bank product, approached the Board to sign the
contract without a competitive solicitation and asked that the Board share revenue with the Clerk as there is no legal
requirement to compete revenue. They are very happy with the program. Mr. Carnell offered to share revenue as well,
but the Clerk's office showed no interest.
Also implied at the Board meeting was that the competitive solicitation was flawed because the revenue share was not
the primary point of competition. Rather than a flaw, that is the overwhelming strength of this solicitation. Ina credit
card transaction, with or without an actual plastic card, the vendor pays a per transaction fee for the use of the Visa
platform, usually between 1 to 3 %. This contract is between the vendor & Visa, and exists regardless of Collier County's
participation in any plan. This fee funds Visa's infrastructure and is split with acquiring banks and merchant banks. An
acquiring bank "acquires" an end -user to make purchases with this card. The acquiring bank splits its share of the fee
SPe bo-: 1.t,i"6 f`v►L.
417
with the end user and the bank's processor who facilitates the process with Visa. Merchant banks also take a piece of
the fee to fund their operations. Therefore, revenue share to any end -user is less than % of 1 %. Competition between
banks is generally not based on revenue share as the differences are marked in hundredths or thousandths of a
percentage point. Instead, banks compete based on technology, services and reputation.
A vendor must be approached to enroll in this program. It is not a contractual agreement, it is an administrative
coordination of the process way the credit card number will be passed to the merchant. If a bank does not have
sufficient infrastructure to support this administrative process, the end -user must take it on. Investment in technology
allows the process to go more smoothly for all concerned and requires less manpower from the end -user. So while the
process appears to be all revenue and no cost to the end user, a bank that did not supply adequate and continued
support would leave the necessary administrative functions required to enroll vendors and grow the program to Collier
County. Therefore, with minimal differences in revenue percentage, the level of service the vendor is willing to provide
is of utmost concern to Collier County.
Note that revenue share was considered, it was just not the primary consideration. If a bank were to give us several
hundredths of a percentage basis more of revenue share but we had to hire on two employees to continue to enroll
merchants after implementation, the cost of administration would erode the benefit of the revenue share.
This process can be done on the existing purchasing card program. It is the administration that made it unfeasible. The
Clerk's office has previously participated in testing using the existing plastic cards to pay purchase orders. Staff
ultimately rejected the idea due to the cost of staff training. The Clerk's office offered no objections to going forward.
Therefore, it is not likely the product or the fact that staff contracted for the product that is or should be at issue.
In fact, the Commerce Bank process of dynamically opening and closing card accounts only in the amount of the
purchase order, coupled with the bank's technology and service make the process far more safe and efficient than staff
could manage. So why has this contract been in discussion for a year and a half? I cannot speak to the motivation of the
Clerk's personnel, but I can over evidence of the type of "negotiation" that has taken place.
Purchasing involved the Clerk's personnel at every turn prior to the LO1. The Clerk's A/P and MIS managers were at
every meeting. Purchasing approached the Clerk's Treasury personnel to discuss any loss of interest on deposits, and
the Clerk's Financial Accounting personnel for any input they might have. No one raised an issue. Ms. Kinzel was always
copied on invites to the Clerk's team. The Clerk's personnel comprised 50% of the selection committee, and 66% percent
of the committee when the final selection was made as a member of staff did not show.
Please request the tapes of these deliberations. When the committee narrowed the selection to the top 3 vendors, Ms.
Murray of the Clerk's office will be heard to say that she really would like Fifth -Third Bank considered. Mr. Curran who
was facilitating the solicitation pointed out that Ms. Murray did not rank Fifth -Third in her ranking sheet. Ms. Murray
commented that it was because Fifth -Third could not meet the criteria in the LOI. Mr. Curran then asked if she thought
the criteria was wrong and needed to be readdressed in some way and she responded in the negative. This is one of the
first instances of the Clerk's office trying to unduly influence a publicly competed contract. As a taxpayer, I was
concerned to hear my own commissioner, Commissioner Hiller, bring up Fifth -Third Bank at the Board meeting. I have
grave concerns about the propriety of a supposedly independent auditor being this involved in the selection and
negotiation process at all, but when the result is then steered to an admittedly unqualified provider by the Clerk, one is
hard pressed to say that staff held an improper solicitation.
Post award, Ms. Kinzel became primary negotiator for the contract, and has insisted that the Clerk be a signatory on
what is, in every other county in Florida and across the nation, a contract within the purview of the Board. If the Clerk is
to be an independent auditor to the Board, how can the Clerk sign and negotiate this contract?
41-- �ialzvr�'i'we�
t g I
Ms. Kinzel may be a talented financial manager, no one person can be expert in everything. I have spent many years
studying purchasing cards, and the industry is changing fast. Please see her first cut at her negotiation of this contract
attached. References to the charge accounts and the protections afforded us by Visa were deleted. These deletions (1)
show a basic ignorance about the product, and (2) they change the very nature of the solicitation. Since this was a credit
card solicitation, it is Ms. Kinzel that attempted to change the product delivered, not the bank.
Also see an email from me to Ms. Wood and Ms. Greene obtained via a public records request. Ms. Wood and Ms.
Green had taken a meeting with Ms. Kinzel. I was not invited. With a new audience, Ms. Kinzel opened up many issues
that she had previously led both staff and the bank to believe were resolved. This is at the heart of the problem staff
endures. The process never ends. Staff is required to go over the same ground again and again. And it is not only the
repetition, it is the fact that the Clerk's office routinely usurps the Board's authority simply because they have the power
of the checkbook.
Among the matters that Ms. Kinzel spent months on was the issue of PCI compliance. PCI is an industry standard that
governs private credit card information when it resides in the systems of a third party. PCI does not in any way relate to
an end user's storage of its own data. Despite the opinion of Richard Badge of the BCC IT department, the Bank's IT
department and the Visa corporation itself, Ms. Kinzel pursued this for months and Mr. Axelrod said he could not go
forward under the circumstances. On what basis, in direct contradiction to people who do have expertise in this area, is
the Clerk's office qualified to be the sole arbiter of PCI compliance?
For a time, Ms. Kinzel insisted that Commerce Bank add language absolving Collier County of all responsibility for PCI
compliance. The bank could not. They have no way of knowing what efforts Collier County might undertake post
contract. Should we start taking credit cards from the public for all sorts of fees, we would be required to be PCI
compliant with the public's information.
This is similar to the current impasse. Ms. Kinzel raised this issue and dropped it before. She would like a detailed
process and roles assigned to that process written in to the contract. The bank has declined saying they reserve the
right to change their internal procedures at will. So long as contracted services are provided, the Bank has met its
burden. Similarly, it is not their concern how we choose to accomplish our responsibilities under the contract. These
contracts are templates and other entities routinely adopt them. The more unnecessary specifics are added, the less
they are suitable for adoption and the more contractual problems can arise. As this is an at -will contract, with no cost to
the County, should it not be satisfied, Collier County can take its business elsewhere with no penalty.
Finally, both Ms. Kinzel and Commissioner Hiller appeared to indicate that something must be amiss for the bank to
come before the Board, that somehow they must be expecting a windfall. Please let me say what the bank could not in
an open forum. Commerce Bank is the leader in a very competitive industry. It is a well - respected and very
conservative company. This was a public solicitation and many of their competitors participated. One year later when I
attended the NAPCP annual meeting, I heard the jeers for myself. Their competitors are using Collier County's refusal to
come to agreement as a black mark against Commerce. "Hire Commerce Bank and you will not have a program for a
year or two. Collier County still doesn't have a contract. There is something wrong." Nothing could be further from the
truth. There is no other company that stepped up to the level of service that Commerce Bank did. This was not my
opinion. The final unanimous award by approved by a 2 to 1 ration of Clerk's staff over BCC staff. Ms. Kinzel's response
was that the participation of the Clerk's staff is immaterial if she does not agree. No one person has such authority. The
issues that Ms. Kinzel has continued to raise are not particular to Commerce Bank, and I believe that re- soliciting with
not only result in an inferior award, but it will empower an office and an individual who has dangerously overstepped
established boundaries to the eternal detriment and expense of the taxpayer.
4 1
51 fi p. --
Commerce Bank was courageous in coming before the Board. It has already been maligned by Collier County, and yet it
still has faith that the Board would never knowingly tolerate such unfair treatment of a vendor. This may be an extreme
situation, but it is by far not the only one. I respectfully submit that the Board must step in or work in the County will
continue to grind to a halt while the expense of administration will increase exponentially. There is a real cost to all of
this back and forth, and the BCC can no longer afford the luxury.
Was the Board ever aware that the Clerk could have lost us the SunTrust contract when they became over $100,000 in
arrears in the first year? Is the Board aware that the Clerk ultimately paid the arrearage without ever finding the
documentation that was submitted to them by staff multiple times? The public has a right to hold the Clerk's office to
the same standard as the BCC. I can only imagine the uproar if your staff refused to take a $500,000 discount.
Sig %Ia-
WoodLyn
From:
WoodLyn
Sent:
Friday, June 03, 2011 12:14 PM
To:
'Crystal K. Kinzel'; GreeneColleen
Cc:
CarnellSteve; Valentinel-inda
Subject:
10 -5562 E- Payables
Crystal and Colleen, Attached is the Agreement (with tracked changes) as well as the other documents that Commerce is
requesting that we sign in connection with the Agreement. We are attempting to make the 6/28 agenda with this
agreement so if you could finish your review and provide me with comments by close of business on Thursday, June 9,
we might be able to make it. Crystal, will you also have Mr. Brock review as we are trying to finalize this in a short time
W-0 IM MW
F- I—Q- y
Accounts_Payable_ Program Admin Corporate Credit Line
Agreement - C... Delegation - 5_3... - solution - 5_31_11:onfirmation Form ..
period. Please let me know if you have questions. Lyn
• Vic_ SS�Z
COMMERCE BANK ACCOUNTS PAYABLE AGREEMENT
THIS COMMERCE BANK ACCOUNTS PAYABLE AGREEMENT is made and entered into as of the Effective Date by and
between Commerce Bank, N.A. (Kansas City, MO) ( "Commerce ") and Board_ of County Commissioners of Collier County.
Florida ("Customer"),
1. DEFINITIONS. The following terms shall have the following meanings:
a "Administrator" means, individually and collectively, one or more employees. officem, directors, or agents of the
Customer who are designated by the Customer to assist Commerce in the administration of the Program.
b. "Agreement" means this Commerce Bank Accounts Payable Agreement and all Addenda from time to time
executed by the parties and attached hereto, and all amendments to the foregoing.
C. "Account Holder" means Customer and any of its officers, directors, agents and employees who utilize the
Commercial Accounts.
104,4) " *ommerci ial C�
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e. "E ectrve Date" shall be defin as set orth in Section 17. W&AU W4. { q.�.w C&A&
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"Program" means the Accounts Payable Program administered by Commerce as set forth in this Agreement.
g. "Public Record Law" means any state's law which provides that Customer's contracts are open and available to
�J the public.
h. "Unauthorized Charge" means a charge made by an Account Holder to a Commercial Account that (i) has not
` been authorized by Customer, and (ii) has been accepted and processed by a merchant having the technology
y �� t� capable of determining and confirming that the charge did not meet the parameters established by Customer for
l+t � authorized charges.
&1�2. I PROGRAM; ISSUANCE AND RENEWAL.
a. During the term hereof, and subject to the terms nd conditions of this Agreement, Commerce agree.% to provide
r� the Customer with the Program and to issue Commercial Accounts to Customer. Attached hereto as Form A L% a
�AJ general description and overview of the process of implementing the Program. Customer acknowledges and
v agrees that Form A is intended to be general in nature and that all descriptions, activities, timefiames and
L1 milestones contained in Form A are approximation.% or estimate% only and are subject to change by Commerce.
Y- Customer further acknowledges and agrees that Commerce's ability to implement the Program on a timely basis
is dependent upon the cooperation of Customer during and following the implementation procao and upon
,J _�usmmer's vidin¢ all information and data necessary to implement the Program.
" — vy %..vuu„ W.-
ommercr ccoun v or the term Indicafetl alms-such Commercial Account has
been canceled by Commerce pursuant to the provisions of this Agreement or at the request of the Customer.
mJ1� d. Commerce acknowledges the ability of Customer to revoke any authority given to an Account Holder, at
Customer's discretion upon proper notice to Commerce; provided, however, that Customer shall remain liable
for all charges made to each Commercial Account as provided in this Agreement.
3. BILLING PROCEDURES. Commerce offers the billing method described below:
Central Billed Accounts: Except as otherwise provided herein, Customer shall be liable for all charges made to
each Commercial Account requested by Customer. Charges shall be set forth on a billing statement and ..hall be
paid by the Customer a% agreed in Addendum A attached hereto and incorporated herein by this reference, and as
set forth herein. Except for a proven Unauthorized Charge or as otherwise expressly provided herein, Customer
shall pay Commerce for all charges made to each Commercial Account within the time period provided in
Addendum A. Except as provided herein, Commerce shall have no duty or obligation to inquire into the nature of
any transaction charged by any Account Holder (e.g., whether such transaction was for a business or per..ional
use.)
4. PROGRAM ADMINISTRATOR. Upon signing this Agreement, Customer shall designate one or more
Administrator(s) to assist Commerce in the administration of the Program. In addition to any other duties listed elsewhere
in this Agreement, as well as any other duties reasonably requested by Commerce, the Administrator shall undertake the
following duties on behalf of the Customer:
a The Administrator shall have the responsibilities assigned in the Program Administrator Delegation document
provided by Customer to Commerce, including, without limitation. the ability to request that Commerce issue
4 �� Commercial Accounts to any person in connection with the Program, to increase or dectz ctzdtt limits'fo
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suspend Commercial Accounts, to order or block wire transfers and convenience checks, and to perform any
other maintenance activity.
b. The Administrator shall be familiar with all aspects of the Program, including, but not limited to Program
procedures, number and status of Commercial Accounts, notice requirements, any disputed transactions, credit
limits, statement cycles, billing and payment procedures, general program parameters and status of delinquent
charges.
C. The Administrator shall be responsible for notifying Commerce, in writing, about changes in authorization
codes.
The Administrator shall be proficient in the use of th n -Line Services) se red by Customer as described in
Addendum B.
FEES. Commerce shall be paid fees and charges set forth in Addendum A. Customer acknowledges that Commerce has
based the fees and charges upon the projections given by Customer regarding transaction volume, average ticket amount,
number of Commercial Accounts, monthly credit line requested, reporting product selected, and frequency of payment.
Fees may be subject to change from time to time by Commerce upon ninety (90) days' prior written notice unless
otherwise specified in Addendum A.
6. LINE OF CREDIT. Commerce will establish a maximum line of credit amount for Customer.
a. All amounts charged to the Commercial Accounts together with any fees and charges owed to Commerce by
Customer in connection with the Program, may not exceed, in the aggregate, the line of credit amount unless
Commerce in its sole discretion authorizes such charges.
ommerce may, at any time in its sole discretion, m anunt of Customer's_1► tie of credit upon thirty
(30) days' prior written notice to Customer, provided, however, that Customer may elect to terminate this
O, Agreement by written notice to Commerce during such thirty (30) day notice period; provided, further, Customer
agrees that if any amounts are outstanding on the Commercial Accounts which exceed the adjusted line of credit
amount, Customer will immediately pay Commerce such excess amounts.
C. rom time to time, Commerce may request Customer shall produce financial records relating to the financial
ondition of Customer. Customer shall oduce such records not later than thirty (30) days following such
quest. The financial records may equested as often as quarterly, or for any such other time period as may
reasonably determined by Co rce. Customer shall, upon reasonable re9pest by Co erce, and its annual
27 -w a&,-4-4-e4 uudiittto Commerce within 30 da of its completion by Customer's auditor. i yW— ,t,Y x
S F L
7. TERM O AGREEM T N WAL. T is Agreement shall remain in full force and effect until terminated by
either party as herein set fo . i arty may terminate thi A rcement any time, with or without cause, upon thirty
(30) days' prior written no ' `
In the event Customer terminates this Agreement prior to the date that is three (3) YeWla&the Effective Date,
ommerce reserves the right to forego all revenue sharing payments for the Progr due of W7-
b. �fkl4iY@ , cr i-
w „ A — -
co mmercial Accounts and/or related accounts shall be deemed canceled effective upon termination of this.'
Agreement or as otherwise provided herein, and all amounts outstanding under such Commercial Accounts shall
vn standing t 'it foregoing, either party shall have the right to terminate this Agreement immediately, and
ek without notice, upon the occurrence of any one or more of the following events, whereupon the obligations of
Customer arising hereunder and/or under the Commercial Accounts shall automatically become immediately due
rJ,(r and payable in full (except as otherwise provided by law):
(i) Dissolution or liquidation of the other party; or
(ii) Insolvency of the other party; or the institution by or against the other party of any bankruptcy or
insolvency proceeding; or the appointment of a receiver or trustee for the other party; or the other party
enters into an arrangement with, or for the benefit of, its creditors; or
(iii) Any material adverse change in the financial condition of the other parry; or
(iv) Any default hereunder, or breach of the obligations undertaken herein, or in any other agreement by and
between the parties hereto; or
(v) Upon the occurrence of any event in any agreement which would allow Commerce or any other person
to declare any indebtedness owing by Customer due and payable in full (and Customer shall give
Commerce immediate notice of the occurrence of such event); or
(vi) A change in the ownership of Customer, or a sale of all or substantially all of the Customer's assets.
N 4� 2
low.
8.
9:
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REPORTING. Commerce will, either directly or indirectly through its third party vendors, receive data from the
transactions made the Commercial Accounts such data will be delivered to C
jo
lomer N tfi
am Addendtan-B !try W !I Wry 14F on, grouping, reporting,
110 in connection
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v .. nor
STONIER LIABILITY.
ept for a proven Unauthorized Charge, the Customer shall be solely liable for the payment of all c unreal In
the Commercial Accounts e.�ept m provided in Paragraph B babe,
B. The Customer shall no le for the payment of charges incurred in the use of rcial Accounts If such
charges relate to:
1. Charges waived as set forth in ver of Liability or M and Zero Liability documentation as
amended from nine to time;
2, Commercial Account transaations after the original time for a Commercial Account where the
request by the Customer was made In actor a with the I of this Agreement during normal business
hours; or "
3. The use of a stolen Commercial oust number if the Commerdfiti(ecou bar is reported stolen vile
facsimile, electronic mail ephone as provided In this Agreement I1 Yt 111 - (24) hours after rite
Customer, inciudi oat limttatio Account Holder, discovers. or u a
e eft of the Commercial Account number; prov ed that tf mmereial Acco is
not re stolen within such time frame, the Customer shall be liable for alF�chorges associated
en Commercial Account number until the date the Customer notifies Commerce of such theft.
10 ASSIGNMENT. Neither party shall sell, assign or transfer this Agreement or arty port thereof without the prior written
consent of the other party; provided, however, Commerce may, without the consent of the Customer, assign any or W of
its rights and obligations under this Agreement to its parent, any subsidiary (of Commerce or its parent). or any affiliate (of
Commerce or its parent) or to arty other parry pursuant to a merger, acquisition, consolidation, or reorganization
.-r e
NOTICES. All notices hereunder shall be in writing and shall be deemed duly given when personally delivered, when
delivered by recognized overnight courier, or, three (3) days.aiter mailing if sent by certified or registered United States
trail, return receipt requested, pomp prepaid, to the appropriate party at the address set forth below, or at such other
address a the applicable parfrtimy.irdicate from time to time in wriung. Notice hereunder shall be seat:
If to Cornnrercin If to Customer '
Commerce BapN A M, kL 1
Ann: Commetaiol Card S lices" = Amt: i Wavine
II 1 Main Sheet
Kansas City, MO 641 Q 1 34 _ -__ ... ___.__.,..._._. ..........
_
Communications with Commerc7 erring disputed billings shall be trade by mail to Commercial Card Services, 811
Main Street, Kansas City, Missouri 64105 or by phone at 800 - 892 -7104.
12. CONFIDENTIALITY, Commerce and Customer will keep strictly confidential and will not use or disclose to any third
pony or to any employee, officer, director or agent (except on a need to know basis) for airy purpose whatsoever (other
than as contemplated herein or fbr a business evaluation of the Program performed by either party) all or any portion of the
contents of the Program, including but not limited o, any of the terms of, conditions of or other facts concerning the
Program and any written or oral information famished by Commerce or by Customer which is either nonpublic,
confidential or proprietary in nature unless such use or disclosure is mutually agreed upon in writing by Customer attd
Commerce: provided, however, Customer understands and acknowledges that atRliams of Commerce and vendon of
Commerce will assist in the implementation and maintenance of, aced provision of various services under, the Program,
and provided, further, that Commerce ray use Customer's name, Customer - provided ago, general industry/business
description, and Customer's general. non trade -secret product usage in Commerce's customer listings and in its soles
presentations without obtaining Customer's prior consent. in the event Customer is subject to a Public Record Law,
Customer shall comply with the provisions of this Confidentiality paragraph only to the extent that such compliance is in
accordance with the applicable Public Record Law
Iornrrataedn Not
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I3. INDE VINITY. Customer agrees to defend. Indenmdy and hold humless C era said its officers, directors, agents and
employees iron and against any and all claims by third parties (inclu " ,without limitation Account Holders) and al'r costs (including reasonable attorneys' fees and costs), expenses and "lilies incurred by Commerce in connection with
such claims, ansing from or as a result of the establishment of m (including, without limitation, the issuance o
Commercial Accounts and/or the cancellation thereof and as ansing in connection with its use of On -Line Services
identified in Addendum H), provided that such claims not the result of or connected with the gross negligence or
willful misconduct of Commerce or the violation by mmerce of any low or regulation relating to Commercial Accounts
Customer acknowledges that the pricing provide Addendum A is based on including this indemnification
Commerce agrees to defend, indemnify end hold harmless the Customer and its officers, directors, agents and employees
from and against any and all claims by third patties ( including reasonable attorneys' fees), expertses anti liabilities incurred
by Customer in connection with such claims, arising from or as a result of the gross negligence or willful misconduct of
Commerce.
Ii. MISCELLANEOUS
Q. Relationsltio: Notting contained in this Agreement shall be contsttuedto create any relationship for brokerage,
agency, Joint venture, partnership or employment between Commerce , Customer,
b. No Implied waivers The rights of arty party under any provision of dttsmem shall not be affected by its
prior failure to require the performance by the other party under such or any other provision of this
Agreement, nor shall the waiver by any party of a breach of any provisioon "'heof constitute a waiver of arty
succeeding breach of the same or any other provision or constitute a waiver of ['provision itself. A waiver of
any right or obligation hereunder must be in writing and signed by the parties to this AgaerneM
C. Remedies In the event that either pony breaches or violates any of the obligations contained in this Agreement,
and in addition to the rights and remedies o0kirWise provided in this Agreement, the other party shall be entitled
to exercise any right or remedy available',Mi at law or in equity, including without limitation, termination
of this Agreanwit. damages and injuncti relief. Thasik%rcise of arty right or remedy shall be cumulative.
d. Comoiete Ameemc= Anundmen T_ ment comatuies the complete understanding between the parties
hereto with respect to the sud>lecOitaite ofd and all print" or written communications and agreemems with
respect thereto are it the ever= of any incan stency between this Agreement and any other
agreements or documents fyy to the trnn5ttons contemplated heroin, this Agreement shall control, No
alteration, amendment or madifiedtiQ t of arty of team and provisions in this Agreement shall be valid unless
made pursuant to an Irtsuwrent in sighted by' panics hereto.
e. Successors and Assens All the aiid provisions of this Agrarnem shall murc to the benefit of, and be
binding upon, the parties hereto and their elective successors and permitted assigns.
f. . Ate' The invalidity or a nenforceit4ity of any one or more portions. seraences, clauses or paragraphs to
3 ua this Agreement shall not affect the validity or enforceability of the remaining portions of this Agreement or any
part atereot.
Force hbig= Commerce shall not be in defuill of this Agreement to the extent than perfotma= of its
oblideJayed or prevented by reason of any act of God war, terrorisnn tire, explosion flood an of
ties oat unput or omission of a third petty, including but not limited to, telecommunications canters and
r any othaFinaner beyond its reasonable control
This Agreement shall be governed, construed and enforced according to rte laws of the State of
anti y
i • Commerce complies with the USA Patriot Act and laws administered by OFAC (The Office
of Fat ign*Assets Control} These laws mandate that Commerce verify certain information about customers
Commerce reserves the right, at any time, to request Information that may assist Commerce in compliance with
these laws. Customer agrees to promptly provide such information as requested by Commerce. including, without
to the SS jW&- SV(b), 9. 1
M LIMffATIONS Commerce and Customer agree that.
L Commerce shall not be [fable fiar any losses, claims, or liabilities incurred by Customer that arise from any third par"
mfLsal to horror and/or make use of any Cottmmtcial Account.
/s
s s i�-
1
Commercial Accounts and/or the cancellation thereof and actions arising in connection with its use of On -Line Services
identified in Addendum B), provided that such claims are not the result of or connected with the gross negligence or
willful misconduct of Commerce or the violation by Commerce of any law or regulation relating to Commercial
Accounts. Customer acknowledges that the pricing provided in Addendum A is based on including this indemnification.
Commerce agrees to defend, indemnify and hold harmless the Customer and its officers, directors, agents and employees
from and against any and all claims by third parties (including reasonable attorneys' fees), expenses and liabilities
incurred by Customer in connection with such claims, arising from or as a result of the grows negligence or willful
misconduct of Commerce.
14. MISCELLANEOUS.
a. Relationship: Nothing contained in this Agreement shall be construed to create any relationship for brokerage,
agency, joint venture, partnership or employment between Commerce and Customer.
b. No Implied Waivers: The rights of any party under any provision of this Agreement shall not be affected by its
prior failure to require the performance by the other party under such provision or any other provision of this
Agreement, nor shall the waiver by any party of a breach of any provision hereof constitute a waiver of any
succeeding breach of the same or any other provision or constitute a waiver of the provision itself. A waiver of
any right or obligation hereunder must be in writing and signed by the parties to this Agreement.
C. Remedies: In the event that either party breaches or violates any of the obligations contained in this Agreement,
and in addition to the rights and remedies otherwise provided in this Agreement, the other parry shall be entitled
to exercise any tight or remedy available to it either at law or in equity, including without limitation, termination
of this Agreement, damages and injunctive relief. The exercise of any right or remedy shall be cumulative.
d. Complete Agreement: Amendments: Notwithstanding anything to the contrary herein (including, without
limitation, Section 16 of this Agreement); (i) this Agreement constitutes the complete understanding between the
parties hereto with respect to the subject matter hereof, (ii) all prior oral or written communications and
agreements with respect thereto are superseded and (iii) in the event of any inconsistency between this
Agreement and any other agreements or documents relating to the transactions contemplated herein. this
Agreement shall control. No alteration, amendment or modification of any of the terms and provisions in this
Agreement shall be valid unless made pursuant to an instrument in writing signed by the parties hereto.
e. Successors and Assigns: All the terms and provisions of this Agreement shall inure to the benefit of, and be
binding upon, the parties hereto and their respective successon and permitted assigns.
f. Severability: The invalidity or unenforceability of any one or more portion%, sentences, clauses or paragraphs in
this Agreement shall not affect the validity or enforceability of the remaining portions of this Agreement or any
part thereof.
g. Force Maieure. Commerce shall not be in default of this Agreement to the extent that performance of its
obligations is delayed or prevented by reason of any act of God, war, terrorism, fire, explosion, flood, act of
government or any act or omission of a third party, including, but not limited to, telecommunications carriers and
utilities or any other matter beyond its reasonable control.
h. 000 is Agreement shall be governed, construed, and enforced according to the laws of the State of
r y1' un. ,
i. Patriot AT cti OFAC: Commerce complies with the USA Patriot Act and laws administered by OFAC (The Office
of Foreign Assets Control). These laws mandate that Commerce verify certain information about customers.
Commerce reserves the right, at any time, to request information that may assist Commerce in compliance with
these laws. Customer agrees to promptly provide such information as requested by Commerce, including,
t limits 'on, information about Account Holders.
rvi 1: Notwithstanding anything to the contrary herein, Sections 5, 6(b), 9, 11, 12, 13, 14 and 16 shall
survive the termination of this Agreement. •
' M _
15. LIMITATIONS. Commerce and Customer agree that:
a. C_
ommerce shall not be liable for any losses, claims, or liabilities incurred by Customer that arise from any third party's
refusal to honor and/or make use of any Commercial Account.
b. Customer agrees that Customer will not use any Commercial Account for any purpose t!� dee_ med_ i__ _llegal`
M. RFP PROCESS. Customer hereby represents, warrants and acknowledges that (i) this Agreement was validly established
pursuant to that certain Request for Proposal, titled LOI10- 5562 -E Payables, issued by Customer (the "RFP"); (ii)
Customer evaluated the submissions of Commerce an cd�ertain other vendors pursuant to a competitive bidding process
established under the RFP; and (ii) based on said evaluation, Customer decided to award the contract under the RFP to
Commerce. n A- _ ._L-. _ I „ h
Nom-.
tlr712-
�
17. EFFECTIVE DATE. Notwithstanding anything else contained herein to the contrary, this Agreement will be subject to
Commerce performing due diligence and credit investigations and will be effective only upon execution by Commerce as
of the date shown below (the "Effective Date'),
IN WITNESS WHEREOF, this Agreement has been executed by the duly authorized officers of the parties hereto.
Commerce Bank, N.A. (Kansas City, MO) Board of County Commissioners of Colder County,
Florida
(Commerce) (Customer)
By: By:
Title: Title:
Effective Date:
r
ADDENDUM A
Pricing and Payment Schedule
Pricing Tenn
The pricing outlined herein will expire in 60 days Wit January 2111 f css an Accounts Payable Agnxment is executed
For each payment not mceived by the payment d the r ng statemem, s e ee ( nteresl wt or t
Late Fee for Central BW
ruVective Commctcial Account will be I DSU r mount past due. Any overdue period of less than one month is cotmkkted as one
Accoants
4--
month in computing such interest. Unpaid its i monthly. For purposes of Otis paragraph, term "1 month" means a period
beginning on any day of one month and endi f the following month.
Visa and MasterCard puFhases made in currendes other than U.S. Dollars will be converted to U.S. Dollars urkr regulations estsbliU by Visa
International and sat International. Visa conversion will be at a rate selected by Visa from the range of rates available in wholesales currency
markets pi' le t 1 processing date, which may vary from the rate Visa itself receives, or the government-mandated rate in effect for
International Service Fee the applirat date. MasterCard conversion rate will he selected by MasterCard, typically either a govemmau- mandated rate or a
W.-m-ay,
wholesavi d to ard. Conversion to U.S. Dollars may occur on a date other than the date of the transaction. Therefore, the
coaversi a different from the rate in effect at the time of the transaction. Customer agrees to pay the convened amount, plus an
inttaaadno seavice ee in the amount of t% of the transaction amount on purchases. For purchases made in US. dollars outside of the United Staw
and its territories, Customer agrees to pay the transaction amount plus a I% service assessment fee.
Returned Check Fee $29 per occurrence
ACH Return
S29 cacti aner first occurrence
Phone Payment
S15 each after first occurmnce
S2 per statement after three occurrentx.K
Statement Reprinting
I= through certain software products selected by Customer.
Other
For information, copies or other reports not specified in this Addendum. C.Paq jerce charge Cusatingjuch fccsair-
time. 4
Commerce Bank uses a "train the trainer" model. General training occurs wiM either in-person or WebEx/Phonc training
with the Program Administrators. The Program Administrators, in rum, train the Account holders and system users on the
Sonwan Initial Training
chosen reporting and maintenance application.
Additional Program Administrator training can be conducted via WebEx/Plone at no additional charge.
)e
Account Holder and system user training via Weblix/Phone will be charged at $25W— 1 v
I c
implementation Fee**
55AW WAIVED
Annual Maintenance Fee** SS00 WAIVED i
Routine maintenance and upgrades
NO CHARGE
Initial web-based or plane training for
NO CHARGE
Administrators*
AP Fie Layouts
O - No C]f e
�
��
ustom - in those uwanccs where this effon will generate a cost over W,UW Commerce will obtain a
price quote for Customer.
• (T(� .1it IiT
lotion Reports
`aLk
_ No Charge
fi Custom - sat a price quote for Customer.
Other Custom Programming
d Commerce will obtain a price quote for Customer ualcss development is mutually agreed upon by
Customs and Commerce.
Development hours beyond the initial 20 hours is typically charged u a rate of s 130.00 hour.
/ Ze G�
Commerce will generate a billing suternent on a periodic
basis as outlined below. All amounts owing on the Commercial Account , including fees and charges, shall be due and pit t
in Anil on a grace period as ou0ined below, after the date of
such statement. The statement will be transmitted to Customer via U.S. Mail or ark available by an alternative means as
agreed upon by both parties.
Week) 3 A
2.
wt Owl
177 Id-
W-1
IC,4� fY'
(a) Commerce will pay Customer a venue share on a nthlybasi
(b) Total Monthly Net Volume is d ned as gross purchase4 ess credits and fraudulent transaction amounts.
(c) Monthlxoavments are based on a matrix schedule below. Payment tiers are calculated on total monthlj net volume,
(a) 0
(b) In
occur.
Accounts Payable Program: Weetdy Ming, 3 day grace
1
will suspend revenue s pa f o
yments or Central Billed accounts that becme delinquenD
Commerce reserves the right to withhold or alter revenue share payments if any of the follow
ing instances•
(i) If the eve transaction (the gross dollar amount of purchases divided by total number aasactions) is
below $750; pro d, however, that this Section 2(b)(i) shall not apply until the one- r anniversary ofAw.
Effective Date of this ement.
s a Rate falls below 2.25%.
(ii. are a sa a d. _
av) Commerce may adjust Revenu hare dollars resulting from dulent tram,actionse
(� c) Large Ticket Interchange (LTI) and Level 3 rchange (L3) vo will be paid on the following levels. LTI 40%
and L3 6096.
(d) Commerce (without written notice) adj t the ue sharing percentages, as provided below, at the end of each`
cal dar quarter following a KSiil<Ete v te. ,,,� a ,,/ ?
(i) Adjustments are based on the Pri ate, as publish in The WaKS ournal "Money Rates" column on
the last business day of the mo mmediately preceding th day of the applicable billing cycle.
(ii) Adjustments to reven s are based on Prime Rate fluctuatio not applicable while Prime Rate remains
at, or below, the esta ed 4.00% floor. '
(iii) When the ' e Rate exceeds 4.00 %, Commerce will adjust the reven share percent payable using the
grid below ommerce will use the same grid to determine subsequent revenu adjustments should the
to increase or decrease from any newly established Pnme Rate level to
Established Prime Rate at the time of this contract is 3.25%.
For example, if Prime Rate is 5.00% at the end of a calendar quarter and the Customer has
a Weekly Billing Cycle and a 3 -Day Grace Period, Commerce will reduce percentages in all revenue
share tiers by 2 basis points (0.02 %).
• +All line items ntaed with a' �*" are the costs associated with establishing the B3=m as referenced in Pam�ph 7.3f die Aarcement.
f Signafurrs are on the following page./ ��
.-el
SO — $833,332
$0 — S9,999,999.99
5833,333 - S2,083,332
$10,000 000 - $24,999,999.9
77,..,--
$2 083 33 - $4 166 666
$25 000,000 - S49 999 999.99
54,166,667 - S6,249,999
550,000,000 - $74,999,999.99
$6,250 000 - $8,333,332
$75,000,000 - $99,999,999.99
$8,333,333+
$100,000,000+
153 bps
1
will suspend revenue s pa f o
yments or Central Billed accounts that becme delinquenD
Commerce reserves the right to withhold or alter revenue share payments if any of the follow
ing instances•
(i) If the eve transaction (the gross dollar amount of purchases divided by total number aasactions) is
below $750; pro d, however, that this Section 2(b)(i) shall not apply until the one- r anniversary ofAw.
Effective Date of this ement.
s a Rate falls below 2.25%.
(ii. are a sa a d. _
av) Commerce may adjust Revenu hare dollars resulting from dulent tram,actionse
(� c) Large Ticket Interchange (LTI) and Level 3 rchange (L3) vo will be paid on the following levels. LTI 40%
and L3 6096.
(d) Commerce (without written notice) adj t the ue sharing percentages, as provided below, at the end of each`
cal dar quarter following a KSiil<Ete v te. ,,,� a ,,/ ?
(i) Adjustments are based on the Pri ate, as publish in The WaKS ournal "Money Rates" column on
the last business day of the mo mmediately preceding th day of the applicable billing cycle.
(ii) Adjustments to reven s are based on Prime Rate fluctuatio not applicable while Prime Rate remains
at, or below, the esta ed 4.00% floor. '
(iii) When the ' e Rate exceeds 4.00 %, Commerce will adjust the reven share percent payable using the
grid below ommerce will use the same grid to determine subsequent revenu adjustments should the
to increase or decrease from any newly established Pnme Rate level to
Established Prime Rate at the time of this contract is 3.25%.
For example, if Prime Rate is 5.00% at the end of a calendar quarter and the Customer has
a Weekly Billing Cycle and a 3 -Day Grace Period, Commerce will reduce percentages in all revenue
share tiers by 2 basis points (0.02 %).
• +All line items ntaed with a' �*" are the costs associated with establishing the B3=m as referenced in Pam�ph 7.3f die Aarcement.
f Signafurrs are on the following page./ ��
.-el
IN WITNESS WHEREOF, this Addendum A has been executed by the duly authorized officers of the parties hereto, and
this Addendum A supersedes any prior Addendum A.
Commerce Bank, N.A. (Kansas City, MO) Board of County Commissioners of Collier County,
Florida
(Commerce) (Customer)
By: By:
Title: Title:
Effective Date:
sfe&ke► .
44- 7
ADDENDUM B
Election of On -Line Services
Customer has elected certain On -Line Service(s) (each a "Service," collectively, the "Services. ") The Services are Internet
based customer service offerings that enable Customers to inquire about accounts and transaction information, submit
account change requests and download information about accounts, among other capabilities. The terms and conditions of
the Agreement, including, without limitation, the provisions regarding Indemnification and Liability, govern the use of
each Service. Customer understands and accepts the risk, inherent in the use of the Internet for each Service, including the
potential for the risk of loss. Except as may otherwise be provided in paragraph 9 of the Agreement, Commerce is not
responsible for any loss associated with the Customers use of any Service. By electing a Service, Customer agrees to pay
the fees associated with the Service as listed in Addendum A. In addition, Customer agrees to use each Service only as
provided in the User Guide relating to the Service in effect from time to time (the "User Guide ") and according to the
provisions contained in the Service License Agreement, if any, between Customer and the Service provider.
Use of any Service will require a user name and password. Customer acknowledges that Commerce is entitled to rely on
the use of the user name and password as authorization for any transaction initiated using each Service. Customer is
responsible for all transactions initiated or authorized using any Service. The password Customer selects is for its use and
protection. Customer agrees to: (a) not disclose the password or otherwise make it available to anyone else; (b) use the
password as instructed in the User Guide; (c) be liable for the password and for its use as described in the Agreement
dttd/or the User Guide.
Customer permits any person other than the Administrator to make use of any Service to perform any duty or
F onsibiNty of the Administrator, Customer will have authorized that person to act as an Administrator and.
orized access to accounts as allowed for by the Administrator. Customer will be responsible for all
actions initiated or authorized by that additional or new Administrator using any Service. In addition,
tstomer must execute and deliver proper documentation authorizing this additional or new Administrator to act
r and on behalf of Customer, and Customer must provide such other documentation as may be requested by
IN WITNESS WHEREOF, this Addendum B has been executed by the duly authorized officers of the patties hereto and
this Addendum B supersedes any prior Addendum B.
Commerce Bank, N.A. (Kansas City, MO)
Title:
Effective Dater
Board of County Commissioners of Collier County,
Florida
(Customer)
By:
Title:
ot,
I , pba
V Vt-/ ti
C
FORM A
Form of Scope of Services under the Accounts Payable Program
Implementation Specialist
• Upon execution of the Agreement, Commerce will assign an "Implementation Specialist" dedicated to
Implementing Customer's Program.
• The Implementation Specialist acts as the project manager and day -to -day contact throughout the
implementation process.
• n �ecdlall may also ersee rtain other activities and tasks during the implementation
y ihe o o g :
ent of the vendor - enrollment process during implementatiorytonmmerce
ith newly enrolled vendors to ensure proper participation
Facilitation of initial and subsequent training of Program Administrators Interface
o oornaon with a "Relationship Manager", who will begin to oversee Customer's Program during
or shortly after the Transition Period (as defined on the last page). The Implementation Specialist and
the Relationship Manager will provide Customer an account review during or shortly after the
Transition Period. Thereafter, the Relationship Manager will establish with Customer a scheduled
account review that may occur as often as quarterly.
Additional General Information Regarding Vendor Enrollment
• Customer will provide Commerce with a list of vendors to contact for enrollment in the Program. Customer
will rank the vendors by volume. Wel tG a v -
• Commerce will input vendor information and assign one or more "Enrollment Specialists ", who will be part
of an "Enrollment Team ", to facilitate the vendor - enrollment process.
• Unless instructed otherwise by Customer, the Enrollment Team will follow a "top down" routine, calling on
the largest vendors first (as ranked by Customer as provided above), thus securing higher return.
• A vendor search will be performed before each call to identify historical vendor participation.
• Commerce will prepare for Customer's approval a customized letter describing the Program for Customer's
vendors. Commerce may provide such approved letter to those vendors who request a written Program
description.
• Commerce will provide weekly enrollment reports prior to the Live Launch (as defined on the last page).
Following the Live Launch, Commerce will provide enrollment reports as often as may be determined by -
Commerce in Its reasonable lscretion.
Relationship Management
Commerce will assign a "Relationship Management Team", which will begin to oversee Customer's Program during
or shortly after the Transition Period. The Relationship Management Team will consist of a Relationship Manager and
may also include the following categories of Commerce personnel:
• Project Manager(s)
• Implementation Specialist(s)
• Systems Technology Expert(s)
• Customer Service Support Desk Personnel.
The number of personnel assigned to any given area of expertise will be determined by Commerce.
The Program Administrator Center shall be available to Customer during the hours of 8:00 am — 5:00 prrfcsT.
The Cardholder Support Center will be available 24 hours a day, 7 days a week, and 362 days a year (dosed on
Thanksgiving, Christmas, and New Year's Day).
7
s /1/rs-
Implementation Process
The implementation process Is described below in general terms. Timeframes provided are estimates only and, in
any case, are dependent on the timely receipt of Customer - provided data and information necessary for Commerce
to implement the Program.
Week One: Program Kickoff Call
• Program Plan & Parameters
• Implementation Team Introductions
• Program Overview !
• Identify Customer Program Goals
• Obtain Program Specifications
Vendor Enrollment Methodology & Vendor List Criteria
Provide AP Payment File Specifications
Setup Reoccurring Call
Week Two: Reoccurring Call
• Program Parameters
• Validate Program Specifications
• Confirm AP Payment File Specification
• Establish Target Date for Test AP Payment File Validation
• Obtain Vendor Letter Content /Design Approval
Week Three: Reoccurring Call
• Program Rollout
• If AP Payment Test File is Validated, Vendor Enrollment Campaign is Initiated
• First Vendor Enrollment Update Provided on Friday
Week Four: Reoccurring Call
• Program Review and Training
• Control Pay Advanced Training
Vendor Enrollment Update Provided on Friday
For a successful implementation, Commerce requires the assistance and involvement of at least the following
Customer personnel or their designees/equivalents. All time estimates below are approximations only.
• Accounts Payable Clerk — 1 hour per week
• Runs day to day accounts payable activities
• Will be training on ControlPay Advanced
• Manages general vendor activity /communication
• Director of Finance —1 hour /kickoff call
• Business Manager —1 hour /kickoff call
• ERP Support Staff -1 hour /kickoff call
o May be involved in generating CPA Payment Test File
• Customer may assign additional staff at Its discretion.
Commerce estimates that It will have the Program established on its systems In as few as ten business days from the
date of the Kickoff Call (the "Kickoff Period "), subject to Customer's cooperation at all times prior to and following
the Live Launch. Assuming that Customer Is able to provide a vendor list (Vendor Name, Vendor ID, Telephone
Number and Annual spend) and that the CPA Payment T t File is produced and validated during the Kickoff Period,
' % c
Ilan
Commerce estimates that the live Launch will occur in as few as ten business days from the last date in the Kickoff
Period.
When all of the above implementation steps are completed and the first payment Is made to an enrolled vendor, the
Implementation Specialist will coordinate the ControlPay Advanced training session with the Program Administrator.
At the completion of such training, the Program will be considered fully Implemented (the "live Launch ").
The Implementation Specialist will continue to work with the Program Administrator for approximately three months
following the live Launch (the 'Transition Period") to ensure that all aspects of the Program are running as expected
and that comprehension of the ControlPay Advanced application is in place.
At the end of the Transition Period, the Program will be formally transitioned to the Relationship Manager who will
continue to work with Customer throughout the duration of Customer's Program.
Once the Program has transitioned to the Relationship Manager, Commerce recommends a scheduled review of the
vendor list to ensure that all enrolled vendors are activated for payment and that newly signed vendors are provided
to the Enrollment Team for contact. 5
77
7 OP,�� t
1116 11111101.,
d ' c rcu ces ' �. mer w 'mmerc'. cou
2
r
1 #eo *0`7
_6ill.2
WoodLyn
From: Crystal K. Kinzel [Crystal. Kinzel @collierclerk.com]
Sent: Friday, May 27, 2011 11:26 AM
To: CarnellSteve; WoodLyn; VaientineLinda
Cc: Connie C. Murray; Bonnie L. Baer; Edith C. Manuel; Kelly Jones; Jane M. McDonald; Marc
Tougas; PriceLen
Subject: e- payables contract notes
Attachments: Commerce_Bank_A_P_Agreement.pdf
Steve, attached are my comments from the meeting notes(any difficulty reading or translating let me know).
Additionally:
There was agreement to get on -line overview of reports available so that we can validate the ability to reconcile.
Bruce(from Commerce) was to get Revenue sharing information and level of detail available for the reconciliation of the
rebate.
We were also seeking a list of potential vendors from Commerce to give us the information for purchasing to begin
Master file cleanup based upon most likely vendors.
And as follow up but not specifically discussed, based upon the information we did discuss regarding letter of credit,
rebate rates etc is the LOI sufficient to have determined the vendor selection? It did not seemingly include rate or
structure for comparison to proposers? And I think we now all agreed that this needs to be approved by the Clerk and
the BCC PRIOR to implementation.
Crystal K. Kinzel
Director of Finance and Accounting
Clerk of the Circuit Court
Collier County Government Center
3301 E. Tamiami Trail Bldg F 4th Floor
Naples, FL 34112
(239)252 -6299
Crystal.KinzelC@Collierclerk.com
Please visit us on the web at www.colliercierk.com
This electronic communication is confidential and may contain privileged information Intended solely for the named addressee(s). It may not
be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or
take any action induced by or in reliance on information contained in this message.
Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of
Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helodesk0collierclerk.com
quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility
for any onward transmission or use of emails and attachments having left the Collie rClerk.com domain.
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.
COMMERCE BANK ACCOUNTS PAYABLE AGREEMENT
THIS COMMERCE BANK ACCOUNTS PAYABLE AGREEMENT is made and entered into as of the Effective Date by and
between Commerce Bank, N.A. (Kansas City, MO) ( "Commerce ") and Board of County Commissioner&6d Collier County.
Florida ( "Customer ").
4- I,DEFINITIONS. The following terms shall have the following meanings:
a. "Administrator" means, individually and collectively, one or more employees, officers, directors, or agents of the
Customer who are designated by the Customer to assist Commerce in the administration of the Program.
b. "Agreement" means this Commerce Bank Accounts Payable Agreement and all Addenda from time to time
executed by the parties and attached hereto, and all amendments to the foregoing.
C. "Account Holder" means Customer and any of its officers, directors, agents and employees who utilize the
Commercial Accounts.
d. "Commercial Accounts" means the Visa or MasterCard account numbers associated with the Commercial
Accounts issued by Commerce to the Customer and its Account Holder(s) and the account numbers assigned to
Customer without an associated plastic under the Program.
e. "Effective Date" shall be defined as set forth in Section 446-IL
f. "Program" means the Accounts Payable Program administered by Commerce as set forth in this Agreement.
g. "Public Record Law" means any state's law which provides that Customer's contracts are open and available to
the public.
h. "Unauthorized Charge" means a charge made by an Account Holder to a Commercial Account that (i) has not
been authorized by Customer, and (ii) has been accepted and processed by a merchant having the technology
capable of determining and confirming that the charge did not meet the parameters established by Customer for
authorized charges.
2. PROGRAM; ISSUANCE AND RENEWAL.
a. During the term hereof, and subject to the terms and conditions of this Agreement, Commerce agrees to provide
the Customer with the Program and to issue Commercial Accounts to Customer. Anached her=-as Form A is a
o n r 1 de crintion and overview of the process of implementing the Program Customer acknowledges and
ForM A is iaWnded tQ be 2CnerW in nature and that al] dc5grintion5 ar,tiyities timeframes an
i .'t- --s -u- 'aired in Form A are approximations or estimates only and are subject to cha_nag by Commerce.
Customer further ackno3yledgec and agrees that Commerce's ability to implement the Pro¢ra*n on a timely bbmis
is dependent upon the cooperation of CugQmer during and following the implementation process and upon
Customer's providing all information and data necessary to implement the Programs
b. Commerce shall issue Commercial Accounts to the Customer, provided that a Commercial Account issuance
request has been made by an Administrator in the form required by Commerce.
C. Each Commercial Account shall be valid for the term indicated thereon, unless such Commercial Account has
been canceled by Commerce pursuant to the provisions of this Agreement or at the request of the Customer.
d. Commerce acknowledges the ability of Customer to revoke any authority given to an Account Holder, at
Customer's discretion upon proper notice to Commerce; provided, however, that Customer shall remain liable
for all charges made to each Commercial Account as provided in this Agreement.
3. BILLING PROCEDURES. Commerce offers the billing method described below:
Central Billed Accounts: Except as otherwise provided herein, Customer shall be liable for all charges made to
each Commercial Account requested by Customer. Charges shall be set forth on a billing statement and shall be
paid by the Customer as agreed in Addendum A attached hereto and incorporated herein by this reference, and as
set forth herein. Except for a proven Unauthorized Charge or as otherwise expressly provided herein, Customer
shall pay Commerce for all charges made to each Commercial Account within the time period provided in
Addendum A. Except as provided herein, Commerce shall have no duty or obligation to inquire into the nature of
any transaction charged by any Account Holder (e.g., whether such transaction was for a business or personal
use.)
4. PROGRAM ADMINISTRATOR. Upon signing this Agreement, Customer shall designate one or more
Administrator(s) to assist Commerce in the administration of the Program. In addition to any other duties listed elsewhere
in this Agreement, as well as any other duties reasonably requested by Commerce, the Administrator shall undertake the
• following duties on behalf of the Customer:
•
I
6.
7
a. The Administrator shall have the responsibilities assigned in the Program Administrator Delegation document
provided by Customer to Commerce, including, without limitation, the ability to request that Commerce issue
Commercial Accounts to any person in connection with the Program, to increase or decrease credit limits, to
suspend Commercial Accounts, to order or block wire transfers and convenience checks, and to perform any
other maintenance activity.
b. The Administrator shall be familiar with all aspects of the Program, including, but not limited to Program
procedures, number and status of Commercial Accounts, notice requirements, any disputed transactions, credit
limits, statement cycles, billing and payment procedures, general program parameters and status of delinquent
charges.
C. The Administrator shall be responsible for notifying Commerce, in writing, about changes in authorization
codes.
d. The Administrator shall be proficient in the use of the On -Line Service(s) selected by Customer as described in
Addendum B.
FEES. Commerce shall be paid fees and charges set forth in Addendum A. Customer acknowledges that Commerce has
based the fees and charges upon the projections given by Customer regarding transaction volume, average ticket amount,
number of Commercial Accounts, monthly credit line requested, reporting product selected, and frequency of payment.
Fees may be subject to change from time to time by Commerce upon ninety (90) days' prior written notice unless
otherwise specified in Addendum A.
LINE OF CREDIT. Commerce will establish a maximum line of credit amount for Customer.
a. All amounts charged to the Commercial Accounts together with any fees and charges owed to Commerce by
Customer in connection with the Program, may not exceed, in the aggregate, the line of credit amount unless
Commerce in its sole discretion authorizes such charges.
b. Commerce may, at any time in its sole discretion, modify the amount of Customer's line of credit upon thirty
(30) days' prior written notice to Customer; provided, however, that Customer may elect to terminate this
Agreement by written notice to Commerce during such thirty (30) day notice period; provided, further, Customer
agrees that if any amounts are outstanding on the Commercial Accounts which exceed the adjusted line of credit
amount, Customer will immediately pay Commerce such excess amounts.
C. From time to time, Commerce may request and Customer shall produce financial records relating to the financial
condition of Customer. Customer shall produce such records not later than thirty (30) days following such
request. The financial records may be requested as often as quarterly, or for any such other time period as may
be reasonably determined by Commerce. Customer shall, upon reasonable request by Commerce, send its annual
audit to Commerce within/ days of its completion by Customer's auditor.
TERM OF AGREEMENT AND RENEWAL. This Agreement shall remain in full force and effect until terminated by
either party as herein set forth. Either party may terminate this Agreement at any time, with or without cause, upon thirty
(30) days' prior written notice.
a. In the event Customer terminates this Agreement prior to the date that is three (3) years from the Effective Date,
Commerce reserves the right to forego all revenue sharing payments for the Program due after termination.
b. In the event Customer terminates this Agreement without cause prior to the date that is three (3) years from the
Effective Date, Customer shall pay to Commerce all costs associated with establishing the Program as provided
in Addendum A.
C. All Commercial Accounts and /or related accounts shall be deemed canceled effective upon termination of this
Agreement or as otherwise provided herein, and all amounts outstanding under such Commercial Accounts shall
automatically becomeimnneclWW) due and payable in full by Customer without further notice. LK GtGGO/O(A -w
d. Notwithstanding the foregoing, either party shall have the right to terminate this Agreement immediately, and
without notice, upon the occurrence of any one or more of the following events, whereupon the obligations of
Customer arising hereunder and /or under the Commercial Accounts shall automatically become immediately due
and payable in full (except as otherwise provided by law):
(i) Dissolution or liquidation of the other party; or
(ii) Insolvency of the other party; or the institution by or against the other party of any bankruptcy or
insolvency proceeding; or the appointment of a receiver or trustee for the other party; or the other party
enters into an arrangement with, or for the benefit of, its creditors; or
(iii) Any material adverse change in the financial condition of the other party; or
2
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7
s ,a-
(iv) Any default hereunder, or breach of the obligations undertaken herein, or in any other agreement by and
• between the parties hereto; or
(v) Upon the occurrence of any event in any agreement which would allow Commerce or any other person
to declare any indebtedness owing by Customer due and payable in full (and Customer shall give
Commerce immediate notice of the occurrence of such event); or
(vi) A change in the ownership of Customer, or a sale of all or substantially all of the Customer's assets.
8. REPORTING. Commerce will, either directly or indirectly through its third party vendors, receive data from the
transactions made with the Commercial Accounts; such data will be delivered to Customer as specified in Addendum A
and Addendum B. Commerce shall have no responsibility or liability for the capture, transmission, grouping, reporting,
categorizing or any other act performed or required to be performed in connection with the foregoing data that Customer's
vendors are transmitting at the point of sale.
9. CUSTOMER LIABILITY.
A. Except for a proven Unauthorized Charge, the Customer shall be solely liable for the payment of all charges incurred
in the use of Commercial Accounts except as provided in paragraph B below.
B. The Customer shall not be liable for the payment of charges incurred in the use of Commercial Accounts if such
charges relate to:
1. Charges waived as set forth in Visa Waiver of Liability or MasterCard Zero Liability documentation, as
amended from time to time;
2. Commercial Account transactions after the original closure request date for a Commercial Account where the
request by the Customer was made in accordance with the terms of this Agreement during normal business
hours; or
3. The use of a stolen Commercial Account number if the Commercial Account number is reported stolen via
facsimile, electronic mail or telephone as provided in this Agreement within twenty-four (24) hours after the
Customer, including, without limitation, any Account Holder, discovers, or, using reasonable care should
have discovered, the theft of the Commercial Account number; provided that if the Commercial Account
number is not reported stolen within such time frame, the Customer shall be liable for all charges associated
with the stolen Commercial Account number until the date the Customer notifies merce of su h theme.
p-r-i fod �...�
10. ASSIGNMENT. Neither party shall sell, assign or transfer this Agreement or any part tt ereof without the prior written
consent of the other party; provided, however, Commerce may, Customer, assign any or all of
its rights and obligations under this Agreement to its parent, any subsidiary (of Commerce or its parent), or any affiliate
(of Commerce or its parent) or to any other party pursuant to a merger, acquisition, consolidation, or reorganization.
H. NOTICES. All notices hereunder shall be in writing and shall be deemed duly given when personally delivered, when
delivered by recognized overnight courier, or, three (3) days after mailing if sent by certified or registered United States
mail, return receipt requested, postage prepaid, to the appropriate party at the address set forth below, or at such other
address as the applicable party may indicate from time to time in writing. Notice hereunder shall be sent:
If to Commerce: if to Customer:
Commerce Bank, N.A. Collier County, Florida
Attn: Commercial Card Services Attn, Linda Valentine I
811 Main Street -33M East Tamiami Trail
Kansas City, MO 64105 Naples, FL 34112
Communications with Commerce concerning disputed billings shall be made by mail to Commercial Card Services, 811
Main Street, Kansas City, Missouri 64105 or by phone at 800 - 892 -7104.
12. CONFIDENTIALITY. Commerce and Customer will keep strictly confidential and will not use or disclose to any third
party or to any employee, officer, director or agent (except on a need to know basis) for any purpose whatsoever (other
than as contemplated herein or for a business evaluation of the Program performed by either party) all or any portion of
the contents of the Program, including but not limited to, any of the terms of, conditions of or other facts concerning the
Program and any written or oral information furnished by Commerce or by Customer which is either nonpublic,
confidential or proprietary in nature unless such use or disclosure is mutually agreed upon in writing by Customer and
Commerce; provided, however, Customer understands and acknowledges that affiliates of Commerce and vendors of
Commerce will assist in the implementation and maintenance of, and provision of various services under, the Program;
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and provided, further, hat Commerce may use Customer's name, Customer - provided logo, general industry/business
• description, and Cust mer's general, non trade- secret product usage in Commerce's customer listings and in its sales
presentations obtaining Customer's prior consent. In the event Customer is subject to a Public Record Law,
Customer shall comply with the provisions of this Confidentiality paragraph only to the extent that such compliance is in
accordance with the applicable Public Record Law.
13. INDEMNITY. Customer agrees to defend, indemnify and hold harmless Commerce and its officers, directors, agents and
employees from and against any and all claims by third parties (including, without limitation, Account Holders) and all
costs (including reasonable attorneys' fees and costs), expenses and liabilities incurred by Commerce in connection with
such claims, arising from or as a result of the establishment of the Program (including, without limitation, the issuance of
Commercial Accounts and/or the cancellation thereof and actions arising in connection with its use of On -Line Services
identified in Addendum B), provided that such claims are not the result of or connected with the gross negligence or
willful misconduct of Commerce or the violation by Commerce of any law or regulation relating to Commercial
Accounts. Customer acknowledges that the pricing provided in Addendum A is based on including this indemnification.
The foregoing indemnification shall not constitute a waiver of sovereign immunity bevond the limits set forth in Section
768.28, Florida Statutes.
Commerce agrees to defend, indemnify and hold harmless the Customer and its officers, directors, agents and employees
from and against any and all claims by third parties (including reasonable attorneys' fees), expenses and liabilities
incurred by Customer in connection with such claims, arising from or as a result of the gross negligence or willful
misconduct of Commerce.
14. MISCELLANEOUS.
a.
RelationshiR: Nothing contained in this Agreement shall be construed to create any relationship for brokerage,
agency, joint venture, partnership or employment between Commerce and Customer.
b.
No Implied Waivers: The rights of any party under any provision of this Agreement shall not be affected by its
prior failure to require the performance by the other party under such provision or any other provision of this
Agreement, nor shall the waiver by any party of a breach of any provision hereof constitute a waiver of any
•
succeeding breach of the same or any other provision or constitute a waiver of the provision itself. A waiver of
any right or obligation hereunder must be in writing and signed by the parties to this Agreement.
C.
Remedies: In the event that either party breaches or violates any of the obligations contained in this Agreement,
and in addition to the rights and remedies otherwise provided in this Agreement, the other party shall be entitled
to exercise any right or remedy available to it either at law or in equity, including without limitation, termination
of this Agreement, damages and injunctive relief. The exercise of any right or remedy shall be cumulative.
d.
Complete Agreement, Amendments: 444sNotwith5tanding anything to the contrary herein (including. without
imitation. Section 16 of this AgrttmmUJJ:iJAbia Agreement constitutes the complete understanding between the
parties hereto with respect to the subject matter hereof, andLW all prior oral or written communications and
agreements with respect thereto are superseded —Fe and (iii) in the event of any inconsistency between this
Agreement and any other agreements or documents relating to the transactions contemplated herein, this
Agreement shall control. No alteration, amendment or modification of any of the terms and provisions in this
Agreement shall be valid unless made pursuant to an instrument in writing signed by the parties hereto.
e.
Successors and Assigns: All the terms and provisions of this Agreement shall inure to the benefit of, and be
binding upon, the parties hereto and their respective successors and permitted assigns.
f.
Severability: The invalidity or unenforceability of any one or more portions, sentences, clauses or paragraphs in
this Agreement shall not affect the validity or enforceability of the remaining portions of this Agreement or any
part thereof.
g.
Force Majeure. Commerce shall not be in default of this Agre99innent to the extent that performance of its
obligations is delayed or prevented by reason of any act of,Ge , war, terrorism, fire, explosion, flood, act of
government or any act or omission of a third party, including, but not limited to, telecommunications carriers and
utilities or any other matter beyond its reasonable control.
h.
Governing L�$�,y : This Agreement shall be governed, construed, and enforced according to the laws of the State�of
i.
Patriot Act/ OFAC: Commerce complies with the USA Patriot Act and laws administered by OFAC (The Office
of Foreign Assets Control). These laws mandate that Commerce verify certain information about customers.
Commerce reserves the right, at any time, to request information that may assist Commerce in compliance with
•
these laws. Customer agrees to promptly provide such information as requested by Commerce, including,
without limitation, information about Account Holders.
4
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j.
Survival: Notwithstanding anything to the contrary herein, Sections 5, 6(b), 9, 11, 12, 13, JLand 4.4 shall
• survive the termination of this Agreement.
15. LIMITATIONS. Commerce and Customer agree that:
a. Commerce shall not be liable for any losses, claims, or liabilities incurred by Customer that arise from any third parry's
refusal to honor and/or make use of any Commercial Account.
b. Customer agrees that Customer will not use any Commercial Account for any purpose that has been deemed illegal.
16. REP PROCESS Customer hereby reoresentc warrants and acknowledges that (i) this Agreement was validly established
pursuant to that gcl in Reauest for Proposal titled LOI10- 5562 -E Payables. issued by Customer (the "REP"). (iil
Customer evaluated the submissions of ComMerqc and certain other vendors pursuant to a competitive bidding process
cstablished under the RFP• and (iii) bac_ed on said evaluation Customer decided to award the contrast under the REP-to
Commerce.
17• EFFECTIVE DATE. Notwithstanding anything else contained herein to the contrary, this Agreement will be subject to
Commerce performing due diligence and credit investigations and will be effective only upon execution by Commerce as
of the date shown below (the "Effective Date ").
IN WITNESS WHEREOF, this Agreement has been executed by the duly authorized officers of the parties hereto.
Commerce Bank, N.A. (Kansas City, MO) Board of County Commissioners,.af Collier County,
Florida
(Commerce) (Customer)
By: By:
Title: Title: Fred W. Coyle Chairman
. Effective Date:
Approved as to form and
legal sufficiency:
Assistant County Attorney
Print Name
ATTEST:
Dwight E. Brock, Clerk of Courts
By:
Dated:
(SEAL)
ADDENDUM A
Pricing and Payment scneduie
Pricing Term The pricing outlined herein will expire in 60 days fr om January 20', 2011 unless an Accounts Payable Agreement is executed
For each payment not received by the payment due date shown on the billing statement, a late fee ("interest„1 will be charged. 4he4ate-fee1n for
Late Fee for Central Bill
the respective Commercial Account will be the amount past due. Any overdue period of less than one month is sanii er
"I
Accounts
m Me month in computirasuch interest, Unpaid immst is i;=pwndcdmg&thjx, E2l; plIMUM gf jbiS pulligggh the term in It neri
b ei nine on any day of one month and endina on the same day of the followine mon rr%pt 011
Visa and MasterCard purchases made in currencies other than U.S. Dollars will be converted to :S. Dollars under regulations established by Visa
International and MasterCard International. Visa conversion will be at a rate selected by Visa from the range of rates available in wholesales currency
markets for the applicable central processing date, which may vary from the rate Visa itself receives, or the govemment - mandated rate in effect for
the applicable central processing date. MasterCard conversion rate will be selected by MasterCard, typically either a government- mandated rate or a
International Service Fee
wholesale rate provided to MasterCard. Conversion to U.S. Dollars may occur on a date other than the date of the transaction. Therefore, the
conversion rate may be different from the rate in effect at the time of the transaction. Customer agrees to pay the converted amount, plus an
international service fee in the amount of -2r% of the transaction amount on purchases. For purchases made in U.S. dollars outside of the United
States and its territories, Customer agrees to pay the transaction amount plus a 1% service assessment fee.
I
I
i�
Returned Check
I
Fee $29 per occurrence
ACH Return
$29 each after first occurrence
Phone Payment
$15 each after first occurrence
$2 per statement after three occurrences
Statement Reprinting
Free through certain software products selected by Customer.
For information, copies or other reports not specified in this Addendum, Commerce may charge Customer such fees as
Other
Customer and Commerce may agree from time to time.
Commerce Bank uses a "train the trainer" model. General training occurs with either in- person or WebEx/Phone training
with the Program Administrators. The Program Administrators, in turn, train the Account Holders and system users on the
chosen reporting and maintenance application.
Additional Program Administrator training can be conducted via WebEx/Phone at no additional charge.
Software Initial Training
Account Holder and system user training via WebEx/Phone will be charged at $250/hour.
0AFOWF 081H 60 ehdf,-" 01 PIUS fFO%'@'
in person fFetiRifig 509gieRS (&ROF 114W Ffegmm Admin SORWaft 148) 0-25GAOUF
Implementation Fee**
$5,000 WAIVED
Annual Maintenance Fee "'
$500 WAIVED
Routine maintenance and upgrades
NO CHARGE
Initial web -based or phone training for
NO CHARGE
Administrators*
AP File Layouts
'i Standard - No Charge
Custom -in those instances where this effort will generate a cost over $3,000, Commerce will obtain a
price quote for Customer.
Reconciliation Reports
Customized Programming Standard - No Charge
Custom - Commerce will obtain a price quote for Customer.
Other Custom Programming
ee Commerce will obtain a price quote for Customer unless development is mutually agreed upon by
Customer and Commerce.
Development hours beyond the initial 44DN hours is typically charged at a rate of $150.00 per hour.
on a grace period as outlined below, after the date of such statement. The statement will be transmitted to Customer via U.S. Mail or made available by an alternative means as
upon by both parties.
1. Revenue Share.
(a) Commerce will pay Customer a revenue share on a monthly basis.
(b) Total Monthly Net Volume is defined as gross purchases less credits and fraudulent transaction amounts.
(c) Monthly payments are based on the matrix schedule below. Payment tiers are calculated on total monthly net volume
and will be made 3 months in arrears.
Accounts Pavable Program: Weekly billing, 3 day ¢race
2. Adjusting Revenue Share.
(a) Commerce will suspend revenue share payments for Central Billed accounts that become delinquent.
(b) In addition, Commerce reserves the right to withhold or alter revenue share payments if any of the following instances
occur:
(i) If the average transaction (the gross dollar amount of purchases divided by total number of transactions) is
below $�Sn' ^ * ^v����+ h��. A. a� that this SePtinn 2lhllil c_hall not annly until the one -veer anniversary of
Effective Date of this ¢reement.
• (ii) If Customer's average Interchange Rate falls below 2.25 %.
(iii) If Interchange Rates are significantly altered by Visa and / or MasterCard.
(iv) Commerce may adjust Revenue Share dollars resulting from fraudulent transactions.
(c) Large Ticket Interchange (LTI) and Level 3 Interchange (L3) volume will be paid on the following levels. LTI 40%
and L3 60 %.
(d) Commerce may (without written notice) adjust the revenue sharing percentages, as provided below, at the end of each
calendar quarter following the Agreement Effective Date.
(i) Adjustments are based on the Prime Rate, as published in The Wall Street Journal "Money Rates" column on
the last business day of the month immediately preceding the first day of the applicable billing cycle.
(ii) Adjustments to revenue share based on Prime Rate fluctuations are not applicable while Prime Rate remains
at, or below, the established 4.00% floor.
(iii) When the Prime Rate exceeds 4.00 %, Commerce will adjust the revenue share percent payable using the
grid below. Commerce will use the same grid to determine subsequent revenue share adjustments should the
Prime Rate increase or decrease from any newly established Prime Rate level in future quarters.
(iv) The Established Prime Rate at the time of this contract is 3.25 %.
For example, if Prime Rate is 5.00% at the end of a calendar quarter and the Customer has a Weekly
Billing Cycle and a 3 -Day Grace Period, Commerce will reduce percentages in all revenue share tiers by
2 basis points (0.02 %).
**All line items noted with a *'**" are the costs associated with establishing the a Program as referenced in Paragraph 7 of the AUSement
• ! ienatures are on the followine naud
I 7
$0 — $833,332
$0 — $9,999,999.99
bps
$833,333 - $2,083,332
$10,000,000 - $24,999,999.99
bps
$2,083,333 - $4,166,666
$25,000,000 - $49,999,999.99
bps
7153bps
$4,166,667 - $6,249,999
$50,000,000 - $74,999,999.99
bps
$6,250,000 - $8,333,332
$75,000,000 - $99,999,999.99
bps
$8,333,333+
$100,000,000+
2. Adjusting Revenue Share.
(a) Commerce will suspend revenue share payments for Central Billed accounts that become delinquent.
(b) In addition, Commerce reserves the right to withhold or alter revenue share payments if any of the following instances
occur:
(i) If the average transaction (the gross dollar amount of purchases divided by total number of transactions) is
below $�Sn' ^ * ^v����+ h��. A. a� that this SePtinn 2lhllil c_hall not annly until the one -veer anniversary of
Effective Date of this ¢reement.
• (ii) If Customer's average Interchange Rate falls below 2.25 %.
(iii) If Interchange Rates are significantly altered by Visa and / or MasterCard.
(iv) Commerce may adjust Revenue Share dollars resulting from fraudulent transactions.
(c) Large Ticket Interchange (LTI) and Level 3 Interchange (L3) volume will be paid on the following levels. LTI 40%
and L3 60 %.
(d) Commerce may (without written notice) adjust the revenue sharing percentages, as provided below, at the end of each
calendar quarter following the Agreement Effective Date.
(i) Adjustments are based on the Prime Rate, as published in The Wall Street Journal "Money Rates" column on
the last business day of the month immediately preceding the first day of the applicable billing cycle.
(ii) Adjustments to revenue share based on Prime Rate fluctuations are not applicable while Prime Rate remains
at, or below, the established 4.00% floor.
(iii) When the Prime Rate exceeds 4.00 %, Commerce will adjust the revenue share percent payable using the
grid below. Commerce will use the same grid to determine subsequent revenue share adjustments should the
Prime Rate increase or decrease from any newly established Prime Rate level in future quarters.
(iv) The Established Prime Rate at the time of this contract is 3.25 %.
For example, if Prime Rate is 5.00% at the end of a calendar quarter and the Customer has a Weekly
Billing Cycle and a 3 -Day Grace Period, Commerce will reduce percentages in all revenue share tiers by
2 basis points (0.02 %).
**All line items noted with a *'**" are the costs associated with establishing the a Program as referenced in Paragraph 7 of the AUSement
• ! ienatures are on the followine naud
I 7
7
s s /�
• IN WITNESS WHEREOF, this Addendum A has been executed by the duly authorized officers of the parties hereto, and
this Addendum A supersedes any prior Addendum A.
Commerce Bank, N.A. (Kansas City, MO) Board of County Commlssionem,=g Collier
County, Florida
(Commerce) (Customer)
By: By:
Title: Title: Fred W Coyle Chairman
•
•
Effective Date:
Avyroved as to form and
legal sufficiency:
Assistant County Attorney
Print Name
ATTEST:
Dwight E. Brock, Clerk of Courts
By:
Dated:
(SEAL)
s � �a-
r
ADDENDUM B
Election of On -Line Services
Customer has elected certain On -Line Service(s) (each a "Service," collectively, the "Services. ") The Services are Internet
based customer service offerings that enable Customers to inquire about accounts and transaction information, submit
account change requests and download information about accounts, among other capabilities. The terms and conditions of
the Agreement, including, without limitation, the provisions regarding Indemnification and Liability, govern the use of
each Service. Customer understands and accepts the risks inherent in the use of the Internet for each Service, including the
potential for the risk of loss. Except as may otherwise be provided in paragraph 9 of the Agreement, Commerce is not
responsible for any loss associated with the Customer's use of any Service. By electing a Service, Customer agrees to pay
the fees associated with the Service as listed in Addendum A. In addition, Customer agrees to use each Service only as
provided in the User Guide relating to the Service in effect from time to time (the "User Guide ") and according to the
provisions contained in the Service License Agreement, if any, between Customer and the Service provider.
Use of any Service will require a user name and password. Customer acknowledges that Commerce is entitled to rely on
the use of the user name and password as authorization for any transaction initiated using each Service. Customer is
responsible for all transactions initiated or authorized using any Service. The password Customer selects is for its use and
protection. Customer agrees to: (a) not disclose the password or otherwise make it available to anyone else; (b) use the
password as instructed in the User Guide; (c) be liable for the password and for its use as described in the Agreement
and/or the User Guide.
If Customer permits any person other than the Administrator to make use of any Service to perform any duty or
responsibility of the Administrator, Customer will have authorized that person to act as an Administrator and
authorized access to accounts as allowed for by the Administrator. Customer will be responsible for all
transactions initiated or authorized by that additional or new Administrator using any Service. In addition,
Customer roust execute and deliver proper documentation authorizing this additional or new Administrator to act
for and on behalf of Customer, and Customer must provide such other documentation as may be requested by
Commerce.
. IN WITNESS WHEREOF, this Addendum B has been executed by the duly authorized officers of the parties hereto and
this Addendum B supersedes any prior Addendum B.
•
Commerce Bank, N.A. (Kansas City, MO) Board of County Commissioners, .d Collier County,
Florida
(Commerce) (Customer)
By: By:
Title: Title:
Effective Date:
ATTEST:
Dwight E. Brock, Clerk of Courts
By:
Dated:
(SEAL)
Approved as to form and
legal suffidmQL
Assistant Count Attorney
Print Name
s7e rlo-,
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From: CarneilSteve
Sent: Thursday, June 02, 2011 4:55 PM
To: WoodLyn
Subject: FW: Collier E- Payables Follow Up
From: Pujol, Christina fmailto Christina Pujol@ ommerceBank.coml
Sent: Thursday, June 02, 2011 1:58 PM
To: CarnellSteve; .CR- Battlefield Boardroom, Springfield, Cap. 22
Cc: Crystal K. Kinzel; ValentineLinda; TibbettsRhonda; Bodino, Frank; Jane M. McDonald; Connie C. Murray; Kelly Jones
Subject: RE: Collier E- Payables Follow Up
Hello Steve,
It was a pleasure speaking to you yesterday. t'm happy to see that were moving forward and coming to the end0. I have ns asked Terence Mack and Clint Scott to respond to the
and s ilohaveeno access to enmlais for wok until June 13 3e.
completed. As we discussed, I leave to Europe y
Terence Mack e-mail is Terence.mack @commercebank.com
Thank you for your patience and have a wonderful week.
Best regards,
CFiriatina (Agar
National Account Executive
Vice President/Accounts Payable Solution
Commerce Bank
office: 305 - 662 -56271 Fax 305 -662 -56281 Cell: 305 - 926 -0899
4
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'ten = Solve
_ _ _ _ __._._ ._... _,_ ....
From: CamellSteve f rnail� to5teveCarneliacolliergov.netl
Sent, Thursday, June 02, 2011 11:43 AM
To: Pujol, Christina
Cc: Crystal K. Kinzel; ValentineLinda; TibbettsRhonda; Bodino, Frank; Jane M. McDonald; Connie C. Murray; Key Jones
Subject: Collier E- Payables Follow Up
Christina, 's webinar. In Thank you for your role and assistance with yes eddu yon the issues th at we d scussed�In ansion,
please find enclosed our follow up questions bas p
effort to seek final resolution on these issues, please provide us a collaborated written response
to the questions. Please forward your response to my attention.
I
sib /� 7
WoodLvn
From:
CarnellSteve
Sent:
Monday, May 30, 2011 3:23 PM
To:
Crystal K. Kinzel; Wood Lyn; ValentineLinda
Cc:
Connie C. Murray; Bonnie L. Baer; Edith C. Manuel; Kelly Jones; Jane M. McDonald; Marc
Tougas; Pricel-en; TibbettsRhonda
Subject:
RE: e- payables contract notes
Crystal,
Thank you for forwarding your notes. We will follow up with Bruce regarding revenue sharing information. With regard
to updating master vendor data, I spoke with Rhonda on this and we have been working for this for several weeks. We
anticipate having this done in time for implementation. More details to come.
With regard to the LOI, the vendors completed publicly within parameters set forth under the purchasing policy. If
memory serves, price was not a competitive consideration as we are not paying the bank directly for their services. And
yes, we would agree that the Clerk and BCC need to approve the agreement before it is signed.
Steve
From: Crystal K. Kinzel [ mailto: Crystal. Kinzelecollierclerk.comj
Sent: Friday, May 27, 2011 11:26 AM
To: CarnellSteve; WoodLyn; ValentineLinda
Cc: Connie C. Murray; Bonnie L. Baer; Edith C. Manuel; Kelly Jones; Jane M. McDonald; Marc Tougas; PriceLen
Subject: e- payables contract notes
Steve, attached are my comments from the meeting notes(any difficulty reading or translating let me know).
Additionally:
There was agreement to get on -line overview of reports available so that we can validate the ability to reconcile.
Bruce(from Commerce) was to get Revenue sharing information and level of detail available for the reconciliation of the
rebate.
We were also seeking a list of potential vendors from Commerce to give us the information for purchasing to begin
Master file cleanup based upon most likely vendors.
And as follow up but not specifically discussed, based upon the information we did discuss regarding letter of credit,
rebate rates etc is the LOI sufficient to have determined the vendor selection? It did not seemingly include rate or
structure for comparison to proposers? And I think we now all agreed that this needs to be approved by the Clerk and
the BCC PRIOR to implementation.
Crystal K. Kinzel
Director of Finance and Accounting
Clerk of the Circuit Court
Collier County Government Center
3301 E. Tamiami Trail Bldg F 4th Floor
Naples, FL 34112
(239)252 -6299
Crystal. KinzelCcDCollierclerk.com
,S�e�✓ G �I,�l�Fi�
1
7
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10 -5562 — E- Payable s
April 13, 2011
Crystal Kinzle, Colleen Greene
Crystal did not have time to read the agreement prior to the meeting
Crystal still has issues with reference to Pcard in the agreement
Crystal will have to be specific as to what references she has objections. As I look at the agreement, the
only references I see when I search on the word "card" relate to VISA and MasterCard descriptions and
one reference to the name of Commerce Bank's support department.
No matter how you slice it, this is a credit card product. Commerce Bank is properly referencing the
name of the product, and we can't expect them to change the name of their department because
Crystal takes offense.
• Instead of letting a cardholder purchase without prior approval, we will require a requisition and
purchase order.
• Instead of giving a card to an individual, as we submit payments to Commerce Bank, a card
account will be opened in the amount of the payment, and then closed as the payment is made.
The account will exist for the time it is needed, but no plastic card will be issued.
Time frames — when are we required to make deposit, when will they take funds
The contract is clear as was the vendor presentations that Crystal and /or Connie have attended.
Addendum A, Payment Schedule, indicates that payment to Commerce Bank will be made weekly, after
payments have been processed. We are not depositing any funds with Commerce Bank. They will take
an automatic payment of those transactions that have been paid within the previous week. This is just
like any other credit card statement, except that instead of paying a monthly statement, we will pay
weekly.
At Crystal's request, Commerce Bank called their team members in from Christmas vacation and either
flew them here for a meeting on Dec. 29th or had them available by phone where Crystal asked all of
these questions in detail, and she stated the questions were answered to her satisfaction.
Who will validate "authorized vendors "?
Crystal will have to be more specific as to what she means here. As presented in the many
demonstrations, the process is that vendors are enrolled into the program based on our instruction. A
vendor must be authorized in SAP for the payment type, and in one meeting, I volunteered to take that
responsibility. Crystal objected strenuously, and I then said I would take her lead. If she wanted me to
do it, I was prepared to. If she wanted her people to, she could do that as well. Unfortunately, she
brings us back to square one each time, so we never have been able to agree on a process.
What happens if vendor does not retrieve funds due?
This has been asked of the bank by both Connie and Crystal. Commerce Bank is assigning a relationship
manager to our account who will run a weekly report and contact vendors who do not take their funds
(for pull -pay arrangements). As representatives clearly indicated to Crystal most recently on 12/29, if a
vendor never took their payment, the situation would be no different than a check not cashed from an
accounting standpoint. Crystal then discussed the accounting entries in detail with the Bank
representative and seemed satisfied.
Why is a credit line needed?
I don't understand the question. I don't know of any credit card arrangement that doesn't involve a
maximum credit line allowed. We have a credit line for SunTrust. We only utilize the amount we need
on any given day. This is the EXACT same thing, using the EXACT same payment vehicle /processor, VISA.
Form A does not agree with Addendum A
Please be specific. What does she believe does not agree?
Billing and payment concerns are not clear in agreement
I disagree. What exactly does she think is missing? This was addressed in meetings with the bank. They
have given her the ability to tell them which day she would like to have the payment made. If she is
saying she wants them to pick a day and put it in the contract, we can do that as well, but then she can't
complain if they pick a day that she has workload issues.
Addendum A clearly says payment is made weekly via auto - payment with a 3 -day grace period. What
else does she want it to say?
Commerce cannot do a test?
This is a red herring. MIS is already set up to make the simple file transfer. No. Commerce Bank cannot
do a test. Banks generally cannot test. They are not IT companies, they are financial institutions.
SunTrust Bank did not have a test environment for our pcard accounts. We tested our systems by taking
sample data and processing in our test environments. A/P has consistently put forth Fifth Third Bank for
consideration for both pcards and e- payables, yet they have even less of a support structure. Why
should Crystal expect more of Commerce Bank?
Crystal wasn't aware there was revenue sharing involved
I find this the most baffling comment of all.
• Crystal present on at least 2 occasions with Bank personnel discussing this product where
revenue share was discussed.
• Connie Murray and Jane McDonald of the Clerk's office were on the selection committee.
• Jack Curran provided copies of all proposals under consideration to Crystal directly. Revenue
share is discussed in all of them.
• During reviews of the intended L01 process, Crystal complained that the questions that
Purchasing intended to ask on the L01 did not demand that a bank clearly state a proposed
revenue share percentage, as she believed that was the major factor in selecting a competitive
bidder. We had much discussion around the fact that a bank that gave a slightly higher revenue
share but no support, would ultimately cost us more.
• At a meeting on March 9`h in the Clerk's offices, Crystal stated that I never told them exactly how
much we would make in order that she could determine if it were worth the extra work involved
for her staff. I told her that we had provided estimates, but that no exact number could be
given.
• She debated other aspects of the revenue share process at the same meeting which she was
advised had been negotiated away.
• In Crystal's presence at that meeting, James Taylor asked if the Clerk's office could share in the
revenue, and 1 suggested that they approach Len and Steve if that was their desire.
• In an above comment, Crystal states Addendum A and Form A do not agree. Addendum A
speaks to the revenue share, how it is paid, and the various earning levels.
There is absolutely NO WAY that Crystal did not know this product involved revenue share. I believe we
may have tapes of a meeting, and I know we have tapes of the selection committee that she can review
if she needs a refresher.
What does "billing with 3 day grace periods "?
Commerce Bank has asked Crystal to define a day that they can make an auto - withdrawal of funds they
have previously expended on our behalf. At the meeting with the Bank on Dec. 29`h, Crystal gave no
indication that any of these arrangements would be a problem, and in fact stated they have other
similar arrangements. 3 -day grace is what it says. If your withdrawal is due on 1/1 and for some reason
it cannot be made, you have till 1/3 to accomplish the withdrawal and not be in violation of the
agreement.
Should they need to, Commerce Bank is willing to return again to answer any concerns.
Why would a vendor sign up for epayable if they can receive wire transfers?
This is not only a common practice in business today, but a growing practice. We pay our bank to issue
wire transfers. We get paid to pay via e- payables. No vendor is forced to participate. Some do because
it is already set up in their system and one more is not an issue; some do because they get more detail
from their bank on e- payables than wire transfers. The program is of benefit to Collier County, and
vendors can choose to participate or not.
We will get copy of Bay County agreement. We will call Bay County Clerk to discuss. Also obtain any
policy and /or procedures.
Form A covers implementation —can it cover timing?
Form A was created to satisfy Crystal. It is not a part of any other Commerce Bank contract, and is only
in response to Crystal's comments were that the contract did not cover all that was discussed in the
meetings. Contracts rarely do. I do not know what is meant by timing. If she has a specific desire,
please state what it is, and we can ask Commerce Bank's attorneys. However, at some point there has
to be a limit to what can and should be placed in the contract.
Is there an agreement with enrolled vendors?
This is a purchasing card payment arrangement and not a contractual arrangement. When you
authorize Comcast to pay your home TV bill automatically against your credit card or bank account,
there is simply a form that is filled out; no agreement is required.
Who would issue 1099's? Collier?
I am surprised at this question as Crystal should know this better than Purchasing. No 1099's are
required for payments made with purchasing card products. This product saves the Clerk time in
producing 1099's, and also exempts the County from any possible IRS fines or penalties for anything not
properly reported.
Note: The same is true for the impending 3% withholding on purchases over $10,000. While 3%
withholding would be required within 6 months of the final IRS decision for purchases made by check,
wire or ACH, we would have an additional year to implement any such process with pcards, and because
of the technology involved, it would not be unthinkable that purchasing card payments would be totally
exempted.
Define how revenue share is remitted back to the County— revenue share must go back to the
enterprise funds. What kind of report will we receive?
The Clerk's office was provided with several DVD's that explain the Commerce Bank product. Section 7
deals with reports, and advises that there is an online system that allows the user to extract whatever
data they choose. In meetings that included Crystal, Commerce Bank's relationship manager went over
the support and training available to obtain reconciliation information. Crystal never asked during these
meetings to receive prototype reports. Is she asking for that now?
Suggestions for questions to be asked of Crystal:
Revenue estimates have been placed at $350,000 to $400,000 /yr. What legal justification does the
Clerk's office have to preclude the taxpayers from the benefit of this revenue?
Process savings all accrue to the Clerk's office and include:
• Postage savings
• Check processing savings
• Savings on wire transfer or ACH fees
• Exemption from IRS 1099 requirements, and associated fines and penalties
• Exemption from IRS 1099 requirements require less data collection (TIN'S) from vendors
• Exemption from proposed 3% IRS withholding requirements for at least 18 months from the IRS
final decision and probably longer
Commerce Bank's customer survey indicated the average time required for reconciliation of these
accounts is 15 minutes per week. Considering revenue and savings, is the Clerk's office willing to
formally document objections to this process?
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Proposed v. Needed Beach Renourishment - Material Discrepancies Noted Page 1 of 2
Proposed v. Needed Beach Renourishment - Material Discrepancies Noted 14em
HillerGeorgia
sent: Monday, May 07, 2012 3:23 PM
To: HillerGeorgia
There is a material difference between what the county claims is needed to renourish the beaches and what is in fact needed based on the current state of the
beaches.
The intent should be to restore the beaches to their as built volumes in 2006, with a six (6) year design life.
We know what the current sand volumes are based on the monitoring reports compiled by Humiston & Moore Engineers, which you all have.
The county can't know what will be needed to avoid renourishing for a 10 year period.
What is significant is that Alternative 2 of CPE's concept plan which proposes what is needed to implement the "traditional /existing" 2006 design, materially
overstates the cubic yards needed to restore the beaches to 2006 volumes.
If CPE's Alternative 2 is materially overstated, in other words you don't even need as much as what CPE is proposing for six years, you don't need what is
being proposed for 10 years which follows.
Please refer to Page 41 of the proposed Renourishment Concept Plan prepared by Coastal Planning & Engineering ( "CPE "). (See attached.)
CPE introduction states on Page 41 that 482,031 cubic yards of sand are needed to re- establish the Vanderbilt, Park Shore and Naples beaches back to the
2006 historic design standard with a six year design life.
The Humiston & Moore monitoring report shows that since 2006 to the present, the erosion amounts to 180,000 cubic yards of sand.
CPE overstates the loss of volume by 302,000 cubic yards. CPE's design requires over 2.5 times more than what is needed to achieve the 2006 as built
volume.
The 2006 as built volume upon completion of the renourishment was 667,000 cubic yards.
There is more than 500,000 cubic yards of sand still remaining on these beaches, 6 years later.
The actual 6 year loss of 180,000 cubic yards represents a loss of only 27 %, and yet CPE is proposing a design as if 73% of the beaches have eroded.
On Page 41 of CPE's concept plan, even the wording as to what is the proposed standard for each of the three beaches differs.
Reiterating, CPE under alternative 2, entitled Traditional Existing Design, materially overstates what is needed to achieve the 2006 design causing
alternative 3, the 10 year design for advanced renourishment, to be overstated since it builds on alternative 2.
A summary and analysis of Page 41 of CPE's plan follows:
1. CPE's proposal for Vanderbilt Beach - "41,733 CY to refill to 2006 design"
Analysis :
The 2006 design was 178,000 CY meaning CPE is renourishing for a 24% loss which brings that beach back to the 2006 design.
2. CPE's proposal for Park Shore Beach - "138,132 CY to bring it back to the INTENDED STANDARD"
Analysis: CPE's proposal presumes a 99% loss of the Park Shore beach. The 2006 as built volume was 140,000 CY. CPE's proposal states 138,132 CY are
needed. This is not the case. See Humiston & Moore's monitoring report. Note that the wording "2006 design" applied to Vanderbilt has been replaced by
"intended design standard" which is not defined and is not the 2006 design standard.
3. CPE's Proposal for Naples Beach -
"302,166 CY to return to its FULL DESIGN INTENT"
Analysis: Again, CPE's proposal grossly overstates what is needed. The as built volume of Naples Breach in 2006 was 345,000 CY. Requiring 302,166 CY
suggests a 87% loss which is not the case. See Humiston & Moore's monitoring report. Importantly, note the standard is not the "2006 design" as for
Vanderbilt. The wording for this beach's standard even differs from the Park Shore standard. Lastly, "full design intent" is not defined.
In sum, under alternative 2, only Vanderbilt Beach is being renourished to the 2006 design standard based on actual losses, verified by Humiston & Moore's
monitoring report.
Park Shore and Naples are being renourished to completely different standards, far in excess of what is need to achieve the 2006 design. Again the average
actual loss for these 3 beaches is about 25 %. The design for Park Shore provides for 99% or 74% more than the 2006 design. The design for Naples
provided for 87% or 62% more than the 2006 design.
CPE grossly overstates what is needed to achieve the 2006 design standard, before even offering the 10 year design standard /needs which builds upon the
2006 design standard.
Neither alternatives 2, nor 3 can be relied upon.
https:llmail. colliergov.netlowal? ae= Item &t = IPM. Note& id= RgAAAACBw7hYJwxI SLoTg %2fI %2fTJsGxBwAOKygR7oFzTb... 5/7/2012
Proposed v. Needed Beach Renourishment - Material Discrepancies Noted Page 2 of 2
Furthermore, the Barefoot Beach renourishment must remain outside of the scope of this renourishment plan. Barefoot is a separate and distinct project that
is part of the Wiggins Inlet Management Plan and must be financed and monitored separately from the VB/PS/Naples plan, as has been the case in the past.
Incidentally, the engineering design for Wiggins Pass was done by CPE, the same firm that is proposing the overstated renourishment concept plan. The
Wiggins project is estimated at between $3.5 to $5 million dollars. It is an unproven approach, and as such the portion of this project related to
renourishment should not be buried in the VB/PS/Naples project. The financial success or failure of the Wiggins Inlet project and the resulting erosion of
Barefoot Beach needs to stand on its own.
The financial impact of adjusting the concept plan based on the overstatement of the actual need and the Barefoot addition - without even going to the merits
of the additional representations in alternative 3 - is approximately an $8,045,000 reduction in the project's cost.
Alternative 2 would drop from $19 million to $14 million. Alternative 3 would drop at a minimum from $31 million to $23 million.
Adjusting for the volume inflation in concept 2, and the scope adjustment in concept 3, the overall savings over what has been adopted by the BCC is $17
million, which is the difference between $31 million (BCC adopted) and $14 million (need based).
As to the Marco beaches, the monitoring report shows that the Marco beaches have grown since the 2006 renourishment by 174,000 CY of sand. There has
been accretion, not erosion, except with respect to the South Marco beach which has lost 14,000 CY, but is filling in naturally. So why is additional sand
being proposed for those beaches, which are now larger then they were after being renourished in 2006? The proposed cost to add 104,000 CY of sand to the
Marco beaches should be removed saving almost $2 million.
Separately, any federal funds related to Tropical Storm Fay should only go to those beaches adversely affected by that storm and made a part of the grant
request. I have asked for a copy of the grant proposal and a summary of the funding expended by the county and reimbursed by the Feds to determine where
the county stands on this application. This storm occurred several years ago. Those beaches should already have been restored to their pre -storm volumes. A
separate review of this matter will follow upon completion.
It is clear from the few examples presented above that Commissioner Henning is justified in bringing this matter back for reconsideration.
With thanks,
Commissioner Georgia Hiller
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.
https : / /mail.colliergov.netlowal ?ae= Item &t = IPM. Note& id= RgAAAACBw7hYJwxISLoTg %2f1 %2fUsGxBwAOKygR7oFzTb... 5/7/2012
s
Park Shore
The north Park Shore FEMA limits extend from R -45 to R -47. These profiles will
receive 21,000 cubic yards of fill centered about R -46.
The south Park Shore FEMA limits extend from R -51 to R -53. The design volume for
this area is 30,000 cubic yards centered about R -52.
Naples Beach
The fill limits for the Naples Beach FEMA project extend from R -58A to R -65 and R -70
to R -72. In total, this area has a design volume of 84,000 cubic yards. The profiles to the
north will receive 64,000 cubic yards of fill concentrated near R -62 to help mitigate
losses to Doctors Pass. The area between R -70 and R -72 is also designed to receive
20,000 cubic yards, with fill centered about R -71.
Alternative 2: Traditional/Existing Design
The design volume is based on the quantity of sand needed to re- establish the design berm and
provide 6 years of advanced nourishment using the 2006 project design. The design berm is 100
feet in Vanderbilt and Naples Beaches and 85 feet in Park Shore Beach. The amount of fill
needed to bring the historic project areas back to design standard with a six year design life is
482,031 cubic yards (Table 8). The design method in spreadsheet form is provide in Table 11 at
the end of this report.
Vanderbilt Beach
The fill limits of the previously permitted project in Vanderbilt are approximately R -22 to
R -31. This area needs approximately 41,733 cubic yards to refill the 2006 design.
Park Shore Beach
The fill limits of the previously permitted project in Park Shore are approximately R -45
to R -55. Overall this area needs 138,132 cubic yards to bring it back to the intended
design standard.
Naples Beach
The fill limits of the previously permitted project in Naples are approximately R -58A to
R -79. Overall, this area needs 302,166 cubic yards to return to its full design intent.
Alternative 3: Expanded Design
The design volume for the expanded design is based on the quantity of sand needed to widen the
construction profile to provide 10 years of advanced nourishment. The design beach width
41
COASTAL PLANNING & ENGINEERING, INC
1�eA _46104
remains the same as Alternative 2, except as stated below. The area south of Doctors Pass and
Clam Pass will have a design width of 80 feet.
This design volume includes raising the berm 1 foot for the expanded design option. The berm
will be raised from 4 ft NAVD to 5 ft NAVD, but additional analysis will be needed to provide
the proper transition between the natural beach and berm system, and the additional height may
not be practical everywhere. From preliminary analysis, it appears that approximately 75% of
the profiles can be heightened. A typical cross - section comparing the 2005/06 permitted
template versus the expanded template is shown Figure 8. The design method in spreadsheet
form is provided in Table 12 and 13 at the end of this report.
FIGURE 8: Typical Naples Profile.
Vanderbilt Beach
The fill limits of the Vanderbilt project area are approximately R -22 to R -31.
Approximately 58,056 cubic yards is proposed within this project area to expand its
design life and raise the berm elevation. The design beach width and berm elevation is
100 feet and 4 ft NAVD respectively. An increased elevation of 5 feet NAVD will be
used where the landward intercept is accommodating and /or where beach width is
restricted by near shore hardbottom.
42
COASTAL PLANNING & ENGINEERING, INC
409-
/fens X10.4
Park Shore Beach
The fill limits of the Park Shore project area are approximately R -45 to R -55. Overall,
approximately 186,166 cubic yards of material is proposed for placement within this
reach. This volume is restricted at a few areas due to the close proximity of hardbottom,
which may limit project life. This may be moderated by analysis during modeling or the
detailed design phase. The design beach width and berm elevation is 85 feet and 4 ft
NAVD respectively. An increased elevation of 5 feet NAVD will be used where the
landward intercept is accommodating and/or where beach width is restricted by near
shore hardbottom.
Naples Beach
The fill limits of the Naples Beach project area are approximately R -58A to R -79. The
expanded design within this area requires 413,008 cubic yards of material. The profiles
immediately south of Doctors Pass near R -58 cannot fit an expanded template needed to
support a 10 year renourishment interval due to potential hardbottom impacts. Modified
inlet management practices should be able to address much of the hot spot problem,
supplemented with a spur off the Doctors Pass jetty. The volume for this reach does not
change with a change in inlet disposal locations, but the distribution of fill in Table 12
does. The design beach width and berm elevation is 100 feet and 4 ft NAVD respectively.
An increased elevation of 5 feet NAVD will be used where the landward intercept is
accommodating and /or where beach width is restricted by near shore hardbottom. The
design width south of the inlet is 80 feet through R -59, due to the hardbottom restrictions.
New Areas
The two new areas that are proposed for the expanded project are located directly north
of Wiggins Pass and directly south of Clam Pass.
Barefoot Beach
The Barefoot Beach area is located from R -14 to R -16 and has recently been designated
as a critically eroded area by the FDEP. Approximately 100,000 cubic yards is proposed
within this area to supplement fill placed from the maintenance dredging of Wiggins Pass
and the proposed inlet realignment project.
Initial estimated total cut volumes from Wiggins Pass are realignment approximately
80,000 cubic yards. This material will be used to fill the meander channel and create
dikes along with restoring the shoreline to the north. The shoreline at Barefoot Beach
requires more sediment than available from dredging the Pass, so supplementing it with
fill from the renourishment project will aid in its restoration. It is estimated that 25,000
cubic yards can be provided on the initial inlet dredging, and at least 35,000 cubic yards
every 4 years thereafter. In conjunction with nourishment, almost 200,000 cubic yards
can be placed in 8 years. The design berm elevation is 4 ft NAVD or equal to the natural
43
COASTAL PLANNING & ENGINEERING, INC
beach. The design goal in conjunction with inlet management is to restore the beach
towards historic widths.
Clam Pass Park
The area south of Clam Pass from R -42 to R -45 is the second proposed expansion area to
the Collier County Renourishment Project. Fill to the north of Park Shore will stabilize
the area, acting as a feeder beach. Approximately 30,000 cubic yards is proposed within
this area. The fill will supplement sand from bypassing at Clam Pass, which alone is
insufficient. The disposal site for Clam Pass bypassing should be extended further south
to address a hot spot located south of R -44. The design template will be the similar to
that proposed for the Clam Pass dredging project. The design beach width and berm
elevation is 80 feet and 4 ft NAVD, respectively. An increased elevation of 5 feet NAVD
will be used where the landward intercept is accommodating and where beach width is
restricted by near shore hardbottom. The width is restricted for this entire reach.
Alternative 4: Erosion Control Structures
Structures have been proposed as one means of alleviating erosion in hot spot areas. Some types
of structures suitable for use in Collier County are illustrated at the end of this report in
Photographs 10 through 15 and Figure 20. Structural changes being considered for modeling are
described in section XIV.
Alternative 5: Alternative Sand Sources /Construction Methods
Alternative sand sources and construction methods will be considered during design and project
life. Each of the borrow areas that are proposed for use during the upcoming project requires
different equipment in order to bring sand to the project area. For Borrow Area TI, a medium
sized hopper dredge will be needed along with approximately 3 miles of submerged pipeline to
transport the material to the shore. Booster pumps will also be required to supply extra force to
ensure the sediment can transverse the entire length of the pipeline. For the Cape Romano
borrow area, a hydraulic dredge with a scow will be required to remove sediment from the
source. A small hopper dredge would also be feasible. Due to each of the borrow area's unique
traits, a joint borrow area bidding scenario is unlikely, but could be feasible if a bidder used a
hydraulic dredge and scow.
In addition to the initial fill placement, upland sand sources may be used to alleviate erosional
hot spots. Truck haul projects are advantageous when a small area requires extra fill, but they
cause an unwarranted nuisance and need to be avoided. Mobilization prices can be costly for
dredges, so using an upland sand source helps reduce the cost for smaller projects.
44
COASTAL PLANNING & ENGINEERING, INC
Gaps in Fill
Currently, gaps are proposed where a portion of shoreline does not need fill. If desired by the
County, these gaps can be filled in at a minimum 10 c.y. /1.£, which is the smallest practical
amount a dredge contractor can place. This "gap fill ", however, will substantially increase the
cost of the project, but does help prevent lateral spreading of the design fill into surrounding
areas.
It is important to note that these gaps may be modified in the final design. Some gap areas may
be partially filled in to alleviate losses from spreading and to account for detailed hardbottom
avoidance. Below is a list of the areas where there are gaps in fill plan and no fill will be placed
for Alternatives 2 and 3:
R -22 to R -24 R -50 R -66 to R -69
R -31 R -54 R -73 to R -75
R -49 R -55 R -77 to R -79
XIII. SCHEDULE
The project is tentatively scheduled for the November 2013 to April 2014 period, and will take
approximately 4 months. If construction savings are desired, then summer construction in
conjunction with another community offers the best prospect for savings. The May -July period
has the calmest weather, which will lead to a shorter construction period and higher production
rate when pumping.
XIV. TASK LEADING TO CONSTRUCTION OF THE 2013 -14 PROJECT
The project cost includes dredging and the professional services and management necessary to
bring the project to construction and complete the required pre -, during- and post construction
monitoring and inspections. This list should be updated based on a pre - permit application
meeting with FDEP. A list of the tasks needed to prepare the project for construction and
conduct the inspections and investigations necessary are summarized below:
Permit Design, Plans and Specification for 2013 -14 Project
Pre - Application Meeting FDEP
Pipeline Corridor Mapping -3 New Ones with Operational Areas
Special Design Survey for Structures, ECL & 3D Design
Process ECL
Survey Structural Areas
Survey intermediate lines at hardbottom inflection points for 3D design
3 -D Design Update (around hardbottom) with larger fill section and new reaches
Add Clam Pass Park and Barefoot Beach
Address Hot Spots and Hardbottom Avoidance with intermediate profile line
Run model with refinements and to revalidate design and Spreading magnitude
Design structure modifications and removals
Prepare BOEMRE Environmental Assessment
45
COASTAL PLANNING & ENGINEERING, INC
Prepare & submit permit modification to 2005 Permit with new Permit Sketches
RAI Cycle with Meetings
Update biological and physical monitoring plans
Develop Hardbottom Impact Assessment
Develop Plans and Specifications
Bidding and Award
Pre -, During- and Post - Construction Task
Pre - Construction Survey
Pre - Construction Biological Monitoring
Hardbottom mapping using side scan
Construction Assistance Services
Pipeline Corridors Monitoring
Shore Bird Sea Turtle Monitoring
Post - Construction Survey, Report and Certification
Post - Construction Biological Monitoring and Report
XV. COST ANALYSIS
The cost of the project is principally a function of distance to the borrow areas, cut depths, and
shallowness of the nearshore bathymetry, which leads to long pumping distance after the sand
has traveled to the submerged pipeline location. Grain size, water depth at the borrow area, and
equipment play a secondary role. This cost estimate is based on experience derived from the
2005/2006 Collier County Renourishment Project, recent dredge industry practices, and a price
adjustment of 2.2% per year until 2013 -14. Dredge contractors are placing a larger percent of
cost in mobilization, and less in the unit cost component. The cost in Table 9 is summarized
based on the volumes in Table 8.
Given the ever increasing cost of dredging, combined bidding of the Collier County project with
a similar regional project from the west coast of Florida could provide a significant cost savings.
We have an estimate for cost saving considering a joint biding with another county or city
government.
A limited amount of structural work is considered, which includes building the south jetty spur at
Doctors Pass and the removal of a few groins. Some matereail form groin removal may be
suitable for use in the Jetty spur. The cost estimate includes removal of some of the existing
groins for Alternative 2 and 3, and the construction of a jetty spur for Alternative 3. There is no
cost difference for the alternatives designed to support sand bypassing to the Lowdermilk Park or
adjacent to the Doctors Pass south jetty disposal area. Doctors Pass dredging would be less
expensive with the closer disposal area. Fill for a feeder beach or additional advanced
nourishment to a hot spot has been included for use during the detailed design phase of this
project. The cost for increasing the beach design elevation to 5 ft. NAVD is small and will
decrease the potential for hot spots.
The County currently has a FEMA approved project based on erosion experienced during
Tropical Storm Fay. This funding can help support the mobilization and demobilization costs,
46
COASTAL PLANNING & ENGINEERING, INC
ox;
Aft 00610011-
which are a costly component of the project. The County may also obtained cost sharing money
from the FDEP, which will be used for applicable areas of the project.
Alternative 2A illustrates one way to reduce the price of the project. It keeps the renourishment
interval at 6 years, while keeping the two new reaches and limited structure funding. There are
many strategies and small changes to the project that can be implemented to reduce the price,
which can be fleshed out during the planning and implementation process. For example the cost
savings of reducing the renourishment interval from 10 to 8 years amounts to $2.8 million. A
moderate savings is assumed in the cost estimate from use of joint bidding and construction with
an adjacent project to including cost efficiency desired by the dredge contractors. The greatest
dredging cost savings need the following characteristics:
-Early availability of draft Plans and Specifications
-Long and Flexible Construction Timetable
- Combined bidding with similar public projects
- Construction period includes calmer months — May to July
The total project cost including engineering, permitting, surveys and monitoring for the three
main alternatives are provided in Table 9. Potential savings are estimated, including reducing the
project to an 8 -year life.
47
COASTAL PLANNING & ENGINEERING, INC
�5/�
TABLE 9
COLLIER COUNTY PRELIMINARY COST ESTIMATE
Item
Unit
Unit Cost
Alt. 1 FEMA
Design
Alt 2
Existing
Design
Alt. 2A
Existing
Design
Alt 3 10 -yr
Nourishment
Construct Beach Fill Hydraulically
Fill Volume
C.Y.
175,000
482,031
612,031
787,130
1. Mobilization/Demobilization
L. S.
$3,700,000
$3,700,000
$3,700,000
$3,700,000
Beach
Fill
2. Vanderbilt Beach 822.5 -R31
C Y.
$28.00
$1,120,185
$1,168,707
$1,168,707
$1,625,832
3. Pelican Bay Beach 1 -R37
Cy.
$31.55
$0
$0
$0
4. North Park Shore Beach 43.5 -R48
C.Y.
$31.88
$669,391
$1,303,126
$1,303,126
$1,585,146
5. Park Shore Beach R48- R54.5)
C.Y.
$26.23
$786,780
$2,550,508
$2,550,508
$3,575,581
6. Naples Beach R58A-R79)
C.Y.
$30.29
$2,544,759
$9,154,037
$9,154,037
$12,511,965
7. Hot Spot / Feeder Volume
C.Y.
$29.59
$591,806
Environmental Monitorin
& Set Buoys for Pipeline Corridor
$28,747,46L
$28,747
$28,747
$28,747
$28,747
9. Turbidity Monitoring
$197,692.43
$197,692
$197,692
$197692
$197,692
Offshore Sea Turtle Mom rine ffl000er Dred a only)
10. Mobilization/Demob. of Turtle Trawler
Event
$4,233.83
,234
$4,234
$4,234
$4,234
11. Relocation Trawling
Da
$4,068.75
,730
$178,297
$178,297
$243,063
12. Endangered Species Observer
Dav
$673.18
,710
4$9,.218
$29,499
$29,499
$40,215
13. Payment and Performance Bond
L.S.
1
,272
$183,148
$183,148
$241,043
SUB -TOTAL
1
$18,497,995
$18,497 ,995
$24,345.124
New Reaches
14. Barefoot Beach
C.Y.
$28.00
$0
$0
$2,800,000
$2,800,000
15. Clam Pass Park
C.Y.
$31.71
$0
$0
$951,300
$951,300
New reaches Sub -total
S3,751-300
$3,751.300
Alternative 4: Structures
$0
$0
$400 00
$1,600,000
16. Phase I Removal of Groins
17. Jetty Spur
$0
$0
$0
$0
$400,000
$0
$700,000
$900,000
Professional Services
$906,950
$9"50
$1,265,301
$1,490987
18. Final Design and Permitting
19. Pre -, During & Post Construction Services
$266,460
$640,491
$266,460
$640,491
$487,562
$777,739
$576,000
$914.987
Sub -total without Savings
$10,125,451
$19,404,945
$23-914,595
$31,187.611
Project Saving Goal Sub -Total
.$1,233,490
-$1,818,586
42,016,322
-$5,614,001
20.Combined Project/Mobilization
21.Year Round and Flexible Construction Specs
22.Turde Relocation
23. Reduce Project Design Life to 8 years,
41,000,000
4333,490
$100,000
$0
- $1,000,000
- $918,586
$100,000
$0
- $1,000,000
- $1,166,322
$150,000
$0
- $1,500,000
- $1,500,000
$150,000
42364,001
Sub -total with Savings
$8,891,961
$17,586.159
$21,898,274
$25,573,610
5% Conangency
$444,598
$879,318
$1,094,914
$1,278,680
TOTAL
$9.336,559
$18,465,677
$22993,187
126,852,290
48
COASTAL PLANNING & ENGINEERING, INC
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Mary Lou Smart
576103 r' Avenue North, Naples, FL 34108 (239) 566 -3501 smartieml @earthlink.net
Collier County Board of Commissioners
Tuesday, May 8, 2012
I am here today to discuss the proposed change in the Tourist Development Ordinance
calling for more stringent requirements in regards to "experience."
Item 11B under the County Manager's report:
Recommendation to approve an amendment to the Tourist Development Council
(Advisory Board) Ordinance No. 92 -18, as amended, to more specifically conform to the
statutory language in Section 125.0104(4)(e), Fla. Stat., to include the TDC
recommendation to make the language more stringent with "experience'; and to
authorize Staff to advertise the Ordinance and return to Board for adoption. (Jack Wert,
Tourism Director).
Is there a great need to make the wording on this ordinance more restrictive? The Florida
statute gives county's broad power in creating the tourist development ordinances for
good reason. In one of Florida's largest county's you should be looking for wide - ranging
experience on any board that has a say in how to spend money that will promote
something as important as tourism.
a
It is the job of people on the board to it the ordinance
tou4sm. I'm not sure that "tourism experience" is & best qualifier,
t- &afdinam -e. The ordinance, for example, specifically states that the funding of beach
facilities is definitely a permitted expenditure. The TDC board members who vehemently
opposed the funding of the beach facility that will be built in north Naples were the
hoteliers. Meanwhile, beaches all over Florida and all over Collier County have beach
facilities that are well -loved by repeat visitors to our area. This amenity will benefit
tourism, and therefore benefit our local economy, and the ones who would supposedly
have the greatest "tourism experience" voted against it.
Tourism is much more than hotels, and I question the wisdom of painting yourself into a
box dominated by the same people with self- serving interests who do nothing more than
chant the advertising -only mantra. These public funds should be used to promote tourism
in Collier County, but they were never intended to be an advertising subsidy for private
businesses. If you are reviewing the ordinance, however, someone might like to note that
there is no place in the Florida statute or the Collier County ordinance that says that the
busiest hotel with the highest room rates should have a permanent seat on this board, as
was recently suggested.
The state statute mentions drawing representation from "tourist accommodations" that
are subject to the tourist tax, and that can be interpreted many ways. Instead of more
stringent wording, please keep your options open to be able to choose appropriate
representation from the entire county and to include varied types of tourism business.
Everglades City, for instance, does a fantastic job of promoting itself as an ecotourism
destination. Why don't you consider an Everglades City tourism professional for your next
opening?
The ordinance that is being discussed was reviewed and approved by voters in a
referendum. If there is such a great need to change this ordinance, don't you need to
bring it back to the voters?
Thank you.
Mary Lou Smart
567103 rd Avenue North
Naples, FL 34108
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