A. MOTION TO ADOPT budget Resolution No. 2014-284 transferring funds within the General Fund for the Natural Resources Planning and Management Division in the amount of $96,000 from the County Commission Reserve for carrying out the Broward County Sea Turtle Conservation program for the remainder of fiscal year 2014.
ACTION: (T-10:27 AM) Approved.
VOTE: 9-0.
B. MOTION TO APPROVE Interim Agreement between Broward County and the only reasonable source, Nova Southeastern University for Sea Turtle Conservation, in the estimated not-to-exceed amount of $828,593, including $492,203 for basic services and $336,390 for additional services; and authorize the Mayor and Clerk to execute same. The term of the Agreement will begin on May 30, 2014 and end on December 31, 2015.
ACTION: (T-10:27 AM) Approved.
VOTE: 9-0.
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THE ENVIRONMENTAL AND GROWTH MANAGEMENT DEPARTMENT/NATURAL RESOURCES PLANNING & MANAGEMENT DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTIONS.
This contract supports the County's Sea Turtle Conservation Program by providing daily sea turtle nesting surveys, and related conservation activities, and regulatory monitoring for beach activities on the coastline of Broward County. The nesting surveys document the number of turtle nests laid, count the number of false crawls within the survey area, and determine the species of sea turtle nesting. The program is responsible for moving turtle nests to a suitable safe alternative location on the beach or caging some nests in place that are at risk of human impact as prescribed by the Natural Resources Planning and Management Division, Florida Fish and Wildlife Commission and the US Fisheries Service. Additionally, the program provides regulatory monitoring for coastal protection projects, beach cleaning activities, data management, and outreach through various interpretive programs.
The amount referenced in this agenda item has been rounded to the nearest whole dollar. Vendor payments will be based on the actual total bid amount. The bid tabulation reflects the actual amount of the award.
On February 11, 2014, Item No. 13 was presented to the Board to award an open-end contract to the low bidder as per the Invitation for Bid No. G1182101B1. The Board passed a motion to reject the award and extend the existing 2013 season contract set to expire on February 28, 2014 with Nova Southeastern University for 90 days and in addition direct staff to process an RLI type of procurement to arrive at a new contract. The 2013 season contract with Nova Southeastern University was extended by Board action, and the 90-day extension will terminate on May 29, 2014. It was determined that the 90-day extension did not allow enough time to complete an RLI package, therefore this interim Agreement will allow for continuation of services for the next nineteen months while a new procurement is processed.
Nova Southeastern University has successfully completed the program, with a slightly smaller scope of services, for the past nine years at the annual rate of $160,000, although there has been an alleged loss of $50,000 a year for the last several years.
Three Sunshine Meetings were held to negotiate the agreement. On March 21, 2014, Nova Southeastern University proposed an estimated cost of $608,608 for the nine-month term to conclude the current season. On March 25, 2014, Nova Southeastern University proposed a revised estimated cost of $529,290. On April 4, 2014, Nova Southeastern University proposed a revised estimated cost of $542,591. County Staff recommended to Nova Southeastern University a target base of $250,000 with additional costs for excess nests and conservation measures. On April 7, 2014, Nova Southeastern University provided a revised proposal of $235,732 for basic services and $165,615 for additional costs for a total estimated potential of $401,347, which represents a savings of $207,261 for the nine-month term to conclude the current season.
The meetings were attended by representatives from Nova Southeastern University, the Purchasing Division, the Natural Resources Planning & Management Division, the County Attorney’s Office and the County Auditor’s Office.
The Agreement will be in the estimated not-to-exceed amount of $401,347, including $235,732 for basic services and $165,615 for additional services, for the nine months concluding the current Sea Turtle Conservation season; and in the estimated not-to-exceed amount of $427,326, including $256,471 for basic services and $170,775 for additional services, for the next ten-month Sea Turtle Conservation Season for a potential total estimated not-to-exceed amount of $828,593.
Lastly, the expanded Section 7.1 - Termination for convenience clause is not standard county attorney language by the County. The standard termination for convenience language provides for termination by the County upon a 30 day notice. The proposed contract provides for termination for convenience by both parties only terminable at the end of each sea turtle season.
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