Backup Documents 10/27/2015 Item #16A11 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO �`�(�
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Atte ffic no ter
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office SRT
4. BCC Office Board of County b
Commissioners \ANC/S)/ k Jck\
5. Minutes and Records Clerk of Court's Office i h! ic
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Michele Mose ?Growth Management 262-2466 /
Contact/ Department Department � d d
Agenda Date Item was 10/27/15 Agenda Item Number 16-A-11 V
Approved by the BCC
Type of Document Memorandum of Agreement with Big Number of Original Three
Attached Cypress Preserve Documents Attached
PO number or account pact -!-
number if document is izap1d - ltc c,7_ 12-"r
to be recordedoa,
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature SRT
2. Does the document need to be sent to another agency for additional signatures? If yes, SRT
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's SRT
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the SRT
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SRT
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip SRT
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be awirje of your deadlines!
8. The document was approved by the BCC on 10/27/15 and all changes made during SRT
the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by th =''1
BCC,all changes directed by the BCC have been made,and the document is ready for e Vi.(e)
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1
1
MEMORANDUM
Date: November 10, 2015
To: Michelle Mosca, Principal Planner
Capital Project Planning, Impact Fees & Program Management
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Memorandum of Agreement w/Big Cypress National Preserve
Attached for your records, are two (2) originals of the above referenced
document (Item #16A11), approved by the Board of County Commissioners
Tuesday, October 27, 2015.
The Minutes and Record's Department will hold the third original in the
Official Record's of the Board.
Thank you.
Attachment
16 Ai 1
MEMORANDUM OF AGREEMENT
THIS MEMORANDUM OF AGREEMENT (hereinafter referred to as the "Agreement")
is made and entered into this 2.1- -,of , 2015, by and between COLLIER
COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as
"COUNTY") and the BIG CYPRESS NATIONAL PRESERVE, a federal agency within the
National Park Service and under the United States Department of the Interior (hereinafter
referred to as `BCNP") whose address is 33100 Tamiami Trail East, Ochopee, Florida 34141.
AUTHORITY
This agreement is entered into under the authority of 16 U.S.C. § lb(5).
RECITALS:
WHEREAS, the BCNP received funding in the amount of$225,000.00 from the Aquatic
Habitat Restoration and Enhancement Program administered by the Florida Fish and Wildlife
Conservation Commission to help correct hydrologic conditions on the wetlands and watersheds
of a portion of the BCNP, in the vicinity of Birdon and Turner River Roads, located in eastern
Collier County, Florida; and
WHEREAS, despite prior re-diversion efforts in the 1990s to restore water flow to the
wetlands and watersheds of a portion of the BCNP, the water delivery system remains deficient
as roadbeds continue to block and prevent water from recharging wetlands with sufficient sheet
flow on the downstream sides of the roads; and
WHEREAS, the BCNP and the COUNTY have a shared interest in the restoration of
water flow to the wetlands and watersheds, including but not limited to: (1) the project's
location within and alongside the right-of-way of county-owned roads, (2) the mutual goal of
rehydrating wetland and stream systems within conservation lands negatively affected by road
and canal infrastructure, (3) the desire to prevent damaging high water overtopping roadways,
and (4)the benefits of dual agency project cost savings; and
WHEREAS, the BCNP and the COUNTY have the experience, resources and expertise
to combine efforts and jointly submit permit applications and to apportion construction and
maintenance responsibilities amongst themselves as project partners on the Turner River Sheet
Flow Project and the Birdon Tram Removal and Culverts Project (hereinafter, the "Projects") as
more fully set forth below; and
WHEREAS, the BCNP and COUNTY have determined and mutually agree that it is
economically advantageous and in the best interest of the public to consummate this Agreement
to help correct the hydrologic conditions in the wetlands and watersheds of a portion of the
BCNP.
INSTR 5193702 OR 5212 PG 3126
RECORDED 11/10/2015 10.47 AM PAGES 7
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$61.00
16 Al I
WITNESSETH:
NOW, THEREFORE, in consideration of the above promises and other good and
valuable consideration exchanged amongst the parties, and in consideration of the covenants
contained herein, the parties agree as follows:
A. All of the above recitals are true and correct and are hereby expressly incorporated
herein by reference as if set forth fully below.
B. This Agreement shall be executed upon approval by the Board of County
Commissioners and by an authorized representative of the BCNP. This Agreement shall be
recorded by the County in the Official Records of Collier County, Florida, within fourteen (14)
days after the Agreement is fully executed. The County shall pay all costs of recording this
Agreement.
C. This Agreement is a commitment by the Parties to perform as follows:
1. BCNP and the COUNTY shall be co-applicants on the joint permit application
for the Project. BCNP shall be responsible for 100 percent of the permitting,
including providing additional information as required during permit review and
any mitigation obligations that may arise during review.
2. BCNP shall be fully responsible for the canal infilling aspect of the Projects,
which shall include, without limitation, the installation and maintenance of
eleven 50 to 150 feet long canal plugs within the Turner River Road and Birdon
Road Canals; and, the removal of the one-mile long elevated Birdon tram and
restoration to wetland grade. BCNP will also be responsible for supplying all
pipe, concrete, rip-rap and other materials necessary to complete the work.
3. County shall be responsible for:
a. All equipment and labor necessary for installation of dual 24-inch, high
density polyethylene (HDPE) culverts, at five locations on Turner River
Road and three locations on Birdon Road, estimated to require about three
months of work time.
b. Future maintenance of the installed culverts.
4. A copy of the Overview Map of the Turner River Sheet Flow Project and the
Birdon Tram Removal and Culvert Project identifying the existing and proposed
culvert locations is attached hereto as Exhibit "A."
5. BCNP and COUNTY agree to assign their below designated contract
agent/representatives to coordinate going forward and to synchronize the
Page 2 of 6
16A1 1
management of their respective responsibilities on the permitting and
construction of the Project:
BCNP: COUNTY:
J.D. Lee, Deputy Superintendent Gerald Kurtz, Principal Project Manager
National Park Service Growth Management Department
Big Cypress National Preserve 2800 N. Horseshoe Drive
33100 Tamiami Trail E. Naples, FL 34104
Ochopee, Florida 34141
D. No modification or change in this Agreement shall be valid or binding upon either
party unless in writing and executed by the party or parties intended to be bound by
it. The parties, however, may amend this agreement to provide further specificity, if
necessary, once the permitting process is concluded and the plans and details
regarding procurement and construction are more fully known.
E. It is further understood and agreed, by and between the parties herein that this
Agreement is subject to appropriation by their respective agencies.
F. This Agreement shall remain in full force and effect from the date first above written
and shall terminate upon the completion of services and responsibilities outlined
herein as mutually performed by BCNP and by COUNTY to the written satisfaction
each to the other.
G. This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida and by such laws, rules and regulations of the United States as made
applicable to services funded by the United States government. Any suit or action
brought by either party to this Agreement against the other party relating to or
arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
STANDARD CLAUSES
A. Civil Rights
During the performance of this Agreement, the participants agree to abide by the terms of
U.S. Department of the Interior - Civil Rights Assurance Certification, non-
discrimination and will not discriminate against any person because of race, color,
religion, sex, or national origin. The participants will take affirmative action to ensure
that applicants are employed without regard to their race, color, sexual orientation,
national origin, disabilities, religion, age, or sex.
Page 3 of 6
16A1.
B. Promotions
The County will not publicize, or otherwise circulate, promotional material (such as
advertisements, sales brochures, press releases, speeches, still and motion pictures,
articles, manuscripts or other publications) which states or implies Governmental,
Departmental, bureau, or Government employee endorsement of a product, service, or
position which the repository represents. No release of information relating to this
Agreement may state or imply that the Government approves of the County's work
product, or considers the Count's work product to be superior to other products or
services.
C. Public Information Release
1. Public Information
(a) The County will not publicize or otherwise circulate promotional material
(such as advertisements, sales brochures, press releases, speeches,
pictures, still and motion pictures, articles, manuscripts or other
publications) which states or implies Federal Government, Departmental,
bureau, or Federal Government employee endorsement of a product,
service, or position which the [Partner] represents. No release of
information relating to this Agreement may state or imply that the Federal
Government approves of the work product of the [Partner] or considers the
[Partner's] work product to be superior to other products or services.
(b) The County will ensure that all information submitted for publication or
other public releases of information regarding this project will carry the
following disclaimer:
"The views and conclusions contained in this document are those of the
authors and should not be interpreted as representing the opinions or
policies of the U.S. Government. Mention of trade names or commercial
products does not constitute their endorsement by the U.S. Government."
(c) The County will obtain prior NPS approval from the regional public
affairs office for any public information release that refers to the
Department of the Interior, any bureau or employee (by name or title), or
to this Agreement. The specific text, layout, photographs, etc., of the
proposed release must be submitted to the agreements technical
representative, who will forward such materials to the public affairs office,
along with the request for approval.
(d) The County agrees to include the above provisions of this Article in any
sub-award to any sub-recipient, except for a sub-award to a state
Page 4 of 6
U
government, a local government, or to a federally recognized Indian tribal
government.
2. Publications of Results of Studies
No party will unilaterally publish a joint publication without consulting the other
party. This restriction does not apply to popular publication of previously
published technical matter. Publications pursuant to this Agreement may be
produced independently or in collaboration with others; however, in all cases
proper credit will be given to the efforts of those parties contributing to the
publication. In the event no agreement is reached concerning the manner of
publication or interpretation of results, either party may publish data after due
notice and submission of the proposed manuscripts to the other. In such instances,
the party publishing the data will give due credit to the cooperation but assume
full responsibility for any statements on which there is a difference of opinion.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their appropriate officials, as of the date first above written.
NATIONAL PARK SERVICE
BIG CYPRESS NATIONAL PRESERVE
L`
By: ,,
atiagrikaenetea
Pri Name and ale ' Cl
First Witness: 64-44
Print Name: Rk4 V. St> >
)-a-Second Witness: o....4„.._
Print Name: ' — e_
Page 5 of 6 0,--,
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oppot
Attest: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROdK,'61erk COLLIER COUNTY, FLORIDA
ckyiu,<A71
By: / ji
Attest as to ChairatOn‘ puty Clerk TIM NANCE, Chairman
Approved as to form and legality:
Sc tt R. Teach
Deputy County Attorney
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