Dr. Jennifer Jurado, Director ~S Environmental Planning and Community Resilience Division

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1 BR'O:WARD COUNTY ' FLORIDA Environmental Protection and Growth Management Department ENVIRONMENTAL PLANNING AND COMMUNITY RESILIENCE DIVISION 5 S. Andrews Avenue, Room 329H Fort Lauderdale, Florida FAX Exhibit Page of 7 DATE: TO: FROM: SUBJECT: August 26, 205 Brenda J. Billingsley, Director Purchasing Division Dr. Jennifer Jurado, Director ~S Environmental Planning and Community Resilience Division jj>~ West, Director Parks and Recreation Division Request for Only One Reasonable Source determination for the Broward County Sea Turtle Conservation Program (RU No. R334002R ) and the Marine Environmental Educatbn Center Merge Agreement I have reviewed the following sole source justification and co ncur with subject request, fully understanding the implications of Section of the Florida Statutes: (2) "It is unlawful for a public servant, with corrupt intent to obtain a benefit for any person or to cause unlawful harm to another, to circumvent a competitive bidding process required by law or rule by using a sole source contract for commodities or services." (5) "Any person who violates this section commits a felony of the second degree, punishable as provided in s , s , ors " The Environmental Planning and Community Resilience Division (EPCRD) and the Broward County Parks and Recreation Division (f:!cprd) are seeking to combine the sea turtle conservation required under the Broward County Sea Turtle Conservation Program (BCSTCP) with sea turtle rehabilitation and educational programming at the Marine Environmental Education Center (MEEC) at the Carpenter House Facility under a single contract agreement. Merging of these program efforts is expected to provide substantial cost savings to the County while enhancing the benefits of the County's sea turtle conservation by providing continuity in data collection, outreach services, and staffing with the codelivery of program services by a single research and conservation team. In addition, EPCRD is seeking approval to negotiate a Master Agreement and associated Scope of Work with Nova Southeastern University, as a Sole Source Service Provider in the implementation of these programs. For 27 continuous years, Broward County has contracted Nova Southeastern University's Oceanographic Center (NSUOC) as the singular provider of county-wide sea turtle conservation services during the eight month nesting season and deliverer of interpretive Broward County Board of County Commissioners Mark Bogen Beam Furr Dale V.C. Holness Martin David Kiar Chip LaMarca Stacy Ritter Tim Ryan Barbara Sh.'lnel Lois Wexle of 7

2 Page 2of7 programs and hatchling releases on behalf of Broward County. NSUOC has been involved with sea turtle research and conservation efforts in Broward County since 978. NSUOC staff is currently the only entity permitted by the Florida Fish and Wildlife Conservation Commission to carry out sea turtle conservation in delivery of Broward County's program, and only one such permit can be issued within the region for of this nature. Over the last three decades, NSUOC has developed specialized personnel with unique training, experience, and program oversight. supported by the research and educational facilities coordinated at the NOVA Oceanographic Institution located within John U. Lloyd State Park. Historical investments in the training of personal, participation and engagement of Nova students, and oversight by leading institutional Instructors, coupled with the acquisition of capital equipment and extensive organizational infrastructure provided by Nova has been fundamental to the successful operation of this program for much of the program's history. Beneficial capital equipment includes beach appropriate vehicles and vehicles suitable to transport live sea turtles. It is deemed that this collaboration provides for a enhanced program benefits and investments in community engagement that ensure effective conservation preserving endangered and threatened sea turtles prevalent in the coastal and beach environment of Broward County, while also ensuring the County's ability to manage beaches for shoreline protection and recreation. After decades of providing one of the most robust and challenging sea turtle conservation programs in the State, Broward County is now prepared to expand upon existing conservation and outreach with the opening of a Marine Environmental Education Center that will include facilities for sea turtle care and public education. Broward County purchased the Carpenter House property in 2004 with assistance from 2000 Safe Parks and Land Acquisition Bond funds and a Florida Communities Trust Grant. According to the Declaration of Restrictive Covenants executed in June 2005 the property must contain, among other things, a staffed Environmental Education Center shall be developed on the project site to provide year round education programing concerning the natural environment and history of the area" with a minimum of 24 environmental programs. The location of the property on the beach in Hollywood would naturally avail itself to marine environmental interpretation. NSUOC historically was involved with the adjacent Hollywood North Beach Park where nested eggs were relocated into hatcheries and equipment for beach surveys stored, and more recently through hatchling programs for the public at Anne Kolb Nature Center with hatchling releases at the Carpenter House Beach. As such, Broward County and Nova Southeastern University agreed in 20 to establish a Marine Environmental Education Center (MEEC) focused on sea turtles at the County-owned Carpenter House. Broward County entered into an Agreement with NSUOC to partner on the design, development, construction, installation, operation, and maintenance of improvements on County property for a MEEC, located within the County's Carpenter House at Hollywood North Beach Park, for the purpose of providing marine-education opportunities to the public. It was expected that this partnership would not only complement the County's existing sea turtle conservation program, but would be further enhanced by the fact that that NSUOC was already assuming a lead role in the fulfilling the county's beach surveillance of sea turtle nesting and associated outr~ach. Since this time, NSUOC has invested $750,000 into improvements to the Carpenter House facility toward the establishment of a turtle pool, interpretive displays and alterations to the garage for turtle care and hosting educational. In partnership with Broward, NSUOC's role at the MEEC is to implement education and outreach, Including housing and caring for one or more live nonreleasable sea turtle(s). NSUOC has the required permit from Florida Fish and Wildlife Conservation Commission and is in the process of renewing the permit to include the care for the proposed resident sea turtle(s). 2of7

3 Page 3 of 7 At this time, there is no other person/organization permitted to fulfill the expanse of monitoring and conservation proposed as part of the joint BCSTCP/MEEC facility. Nor is there another entity with equivalent expertise and resources to deliver these efforts locally. Furthermore, joint contracting for these is expected to deliver cost efficiencies through joint staffing and a substantial assumption of overhead expenses by NSUOC as program cost share. Timely contracting of services will be necessary to avoid any interruption in sea turtle monitoring that could, by permit conditions, delay beach cleaning for 65 days, creating a significant hard ship for our coastal cities, compromise beach project permitting, or threaten nesting or hatching success. Program services must be in place by January, 206 for program continuity, and daily monitoring needs to commence on March, 205. With approval of this sole source request, EPCRD and the BC PRO are seeking to negotiate a two-year, Master Agreement, BCSTCP-MEEC Agreement and a Scope of Work with Nova Southeastern University. for the implementation of these programs. The proposed SOW includes the below items:. Daily surveys between March - October 3st from Palm Beach County to Miami Dade County to document emergence activity and species 2. Sub-meter accuracy of nest locations (in certain areas) to allow for mechanical beach cleaning and nest re-establishment 3. Additional monitoring requirements of permitted beach events and projects on a case by case basis 4. Protection of at-risk nests (predation, lighting, erosion) to maximize hatchling survival 5. Response to injured, stranded. or distressed sea turtles 6. Interpretive programs and outreach efforts that include hatchling releases, turtle talks, career day events, and table exhibits 7. Monthly lighting surveys within Sea Turtle Nesting Season 8. Conservation programs held at the MEEC centered on community education and outreach for the residents and visitors of Broward County 9. Provide at the MEEC an interactive environmental and educational experience adjacent to sea turtles and other marine life and natural ocean and shore habitat at the MEEC 0. Care and display of one or more live, non-releasable sea turtles in the property's pool. Interpretive displays installed at the MEEC describing sea turtle biology and conservation issues 2. Sea turtle releases, interpretive lectures and/or demonstrations, and related construction and renovations at the MEEC The initial 2-year agreement is estimated to have a year- cost of $497,559 (including $40,000 for MEEC and not-to-exceed amount of $457, for BCSTCP). Year-2 costs are expected to provide for a 3% increase in the non-capital costs associated with the BCSTCP. with MEEC costs to remain fixed, for a total estimated year-2 cost of $506, 62). lt is proposed that the terms of the agreement and service delivery be reviewed in year-2 for an evaluation of service and determination as to whether adjustments are needed. Thank you for considering this request; please do not hesitate to contact Courtney Kiel with any questions at ckiel@broward.org. 3 of7

4 Page4 of7 8) This requirement has previously been discussed with Maryann Berchiolli of the Purchasing Division on July 29'h, 205. Below outlines a history of the procurement for the BCSTCP: Two Partv Agreements and Sole Source Designation As early as April 978, the Broward County had an established Sea Turtle Conservation Program funded by the Broward County Erosion Prevention District (EPD). In 98, a sea turtle monitoring program was implemented due to the authorization of the Broward County Beach Erosion Control and Hillsboro Inlet Navigation Project. From the Program was led by John Fletemeyer through the Cooperative Sea Turtle Monitoring Program, a partnership between Nova University and Broward County Erosion Prevention District. Prior to the 985 season, the Program's specifications were modified to eliminate the research focus of the program in order to focus funds on conservation efforts. Commencing in 988, Nova University was under a contract agreement requiring daily surveys in northern portions of the County. The program scope of work and survey areas have been modified throughout the years, but from NSUOC was under contract with the County and the sole provider of this service. On November the project was designated a sole source procurement by the Director of the Purchasing Division. On May , the Second Amendment to the Agreement extended the program services through February 28, 2008, providing for one-year renewals. In 200, the project was put to bid and Nova was the successful bidder. The project was resolicited in 203. In the course of the procurement, it was determined by the Board that services were sufficiently unique and specialized that a bid process was not an appropriate procurement vehicle. Given the time delays and the pressures of the forthcoming nesting season, the existing agreement with NSUOC was provided an emergency extension. Emeraency Extension The 90-day emergency extension approved by the board extended the agreement with NSUOC from February 28, 204 to May 29, 204. As this still did not provide enough time to conduct an RLI and contract for services, an interim agreement was negotiated to ensure the delivery of conservation for an additional 9 months (supporting the 204 and 205 nesting seasons) allowing for continuation of services while a new procurement was processed. Interim Agreement Budget and Most Reasonable Source Memo Three Sunshine Meetings were held to negotiate the agreement. The table below provides the negotiated deliverables and budget for each task associated with the current BCSTCP- Interim Agreement. Program costs for future years are expected to be fairly consistent with those shown below, plus an appropriate COLA. While the total contract amount is $427,236 this is a maximum-notto-exceed, and is influenced by the level of nesting activity. Actual costs in the 204 were approximately $256,000. Task Description Estimated Units Unit Extended Unit Price Extended Annual Price Total Price 205 Total Price Quantity Season 205 Season Season (March, Season (May 30, (May 30, 205- (March, December 205- February February 3, 205) December 28, 28, 205) ) 4 of7

5 Page 5 of7 Sea turtle nest surveys {up to a seasonal total of 2,500 nests) including a minimum of 20 hatch ling releases and 5 outreach presentations 2 Additional costper-nest for all {excluding seasonal survey costs covered in line ) exceeding 2,500 per season, not-toexceed Total Notto Exceed 205) 00 $ $ $ $ nest $235, $5, $6.00 $3, $7.00 $35, $92.00 $79, $02.00 $34, $256,47.00 $6,00.00 $4, $36, $8, $38, Additional costper-cage for all restraining cage (excluding seasonal survey costs covered in line ), not-toexceed 4 Cost for all nest relocation (excluding seasonal survey costs covered in line ), not-toexceed 5 Cost for all nest relocation and data collection associated with a permitted beach 80 cage $ nest $57.00 $23, $ $4, $59.00 $3, $24, $4, $3, of7

6 Page 6of7 Opt. Tasks -4 nourishment project (including 2 weeks of surveys in November for up to mile of beach) Prioritize the Hillsboro Inlet Beach Sand Bypass Discharge Location as the first area of survey in Seament II Total Notto Exceed N/A $ $40, $ $427, ** DO NOT WRITE BELOW THIS LINE. FOR PURCHASING DIVISION USE ONLY 6of7

7 Page 7of7 I, Maryann Berchtom, concur with the above request, which has been examined by me, and the required due diligence has been performed (See Procurement Code Section 2.34 Sole Source Procurement. and 2.35 Sole Brand Procurement}. Date: September 4, 205 Estimated Amount $,003, Only one source ] Only one reasonable source 0 Rejected - See addlttona Information 0 Sole Brand 0 RFI Attached Additional Information: EXHIBITS: (Attach Supporting Documentation) Nova Southeastern University Memorandum dated June, 205 Brend a J. Ofgltallysfgned by Brenda J. Billlngsfey ON: cn::srendaj. amfngsley, ozsbroward ~Sl~g-"'_N_"_tn-a-~-:~-v----., ~.=::u::=:.::.o~c=us -Tltf_e Appt&V.Slrnftn'4l propriate A-'J-04'00' Date Sole Brand Sote source Request Fonn 35 (Rav. 374) or