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Backup Documents 07/08/2014 Item #16D 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 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 Attorney Office no later 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. Jennifer Belpedio County Attorney Office , 11114- 4. BCC Office Board of County �.b Commissioners W715( —1\ 1\\L\ 5. Minutes and Records Clerk of Court's Office al I tit(-1 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 Melissa He ig Phone Number 239-252-29 Contact/ Department Agenda Date Item was 7/8/14 Agenda Item Number 16D6 Approved by the BCC Type of Document Agreement Number of Original 3 Attached Documents Attached PO number or account number if document is /a__- to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial. Aicable) 1. Does the document require the chairman's original signature? 2. Does the document need to be sent to another agency for additional signatures? If yes, c rJa b¢ 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 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 NOffice 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 , document or the final negotiated contract date whichever is applicable. 7/.: 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7 I 7. In most cases(some contracts are an exception),the original document and this routing slip 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 7 time frame or the BCC's actions are nullified. Be aware of your deadlines! // 8. The document was approved by the BCC on-141440f9und all changes made during the / '111C. meeting have been incorporated in the attached gum nt. The County Attorney's 42i- ,xX' Office has reviewed the changes,if applicable. S 9. Initials of attorney verifying that the attached document is t e version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the 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 11/30/12 160 6 MEMORANDUM Date: July 14, 2014 To: Melissa Hennig, Environmental Specialist Parks and Recreation Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Landowner Agreement Attached are the three (3) originals of the agreement above, (Item #16D6) approved by the Board of County Commissioners Tuesday, July 8, 2014. Please forward a fully executed original agreement to the Minutes and Records Department for the Board's Official Record. If you have any questions please call me at 252-7240. Thank you. Attachment 160 6 Landowner Agreement No: Cost Structure: FFO4RFFP00 FGHC11210400000-145 CFDA: 15.631 Other: PARTNERS FOR FISH AND WILDLIFE PROGRAM LANDOWNER AGREEMENT This Landowner Agreement(Agreement), dated July 8, 2014, between Collier County Board of County Commissioners (Collier County), and the U.S. Fish and Wildlife Service (USFWS) is entered into pursuant to authority contained in the Partners for Fish and Wildlife Act (P.L. 109- 294), the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) and the Fish and Wildlife Act of 1956 (16 U.S.C. 742a j), as amended. This project was selected for funding because the Landowner(s) share(s) a common objective with the USFWS to restore habitat for the benefit of Federal trust species on private lands, and the project supports priority actions identified in the Regional Partners for Fish and Wildlife (Partners) Program Strategic Plan. Collier County, 3299 Tamiami Trail East, Naples, FL 34112, hereby agrees to participate with the USFWS in conducting certain wildlife management practices on lands owned or managed in Collier County, State of Florida, described as follows: all of, or within, Rivers Road Preserve comprised of 76 acres and located within Township 48, Section 30 & Range 27. In signing this Agreement and receiving the Notice of Award Letter, the Landowner(s)join(s) as a participant in a wildlife habitat improvement program and grants to the USFWS authority to complete the habitat improvement project or the Landowner(s) may personally carry out management activities with financial or material support as described in attached Exhibit A. Any donation of supplies, equipment, or direct payment from the USFWS to the Landowner for carrying out the habitat improvements is included in Exhibit A. The activities conducted pursuant to this agreement are not to replace, supplement or otherwise contribute to any mitigation or compensation that may be required of the Landowner(s), or other parties, as a result of any mandated requirements. The term of this Agreement (also referred to as the habitat retention period) will be completed on August 30, 2024. This Agreement may be modified at any time by mutual written consent of the parties. It may be terminated by either party upon 30 days advance written notice to the other party(ies). However, if the Landowner(s) terminate(s) the Agreement before its expiration, or if the Landowner(s) should materially default on these commitments, then the Landowner(s) agree(s) to reimburse the USFWS prior to final termination for the prorated costs of all habitat improvements placed on the land through this Agreement. For these purposes, the total cost of the habitat improvements to the United States is agreed to be $ 15,000.00. Landowner: The Landowner(s) or his/her land manager, with legal authority over land management decisions, guarantee(s) ownership of the above-described land and warrants that there are no outstanding FWS 3-2455 11/13 160 6 rights that interfere with this Landowner Agreement. The Landowner(s) will notify the USFWS of planned or pending changes in ownership. A change of ownership shall not change the terms of this Agreement. The Agreement and terms shall be in effect on the described land for the term of the Agreement. The Landowner(s) agree(s) to allow access (with advance notice) to the USFWS to implement the project described in the work plan, and to monitor project success. The Landowner(s) retain(s) all rights to control trespass and retains all responsibility for taxes, assessments, and damage claims. During the habitat retention period, the landowner must maintain the habitat restored under this award, as outlined in Exhibit A. At the end of the habitat retention period, the habitat improvement project will become the sole property and complete responsibility of the Landowner(s). There shall be no obligation to the USFWS after the term of the Agreement has expired. The Landowner(s) will be responsible for securing any necessary permits. The Landowner(s) agree(s) to identify USFWS' contribution to the project during public presentations, reports, or other information published about the project, as appropriate USFWS: The USFWS will work with the Landowner(s) throughout the entire Agreement term to support actions needed to ensure that the project is designed and constructed per the Agreement and functions as intended. The USFWS, its agents, or assignees will provide advanced notice prior to accessing the Landowner(s) property to implement the project described in Exhibit A, and to monitor project success. The USFWS assumes no liability for damage or injury other than that caused by its own negligence, on the above acreage. The USFWS does not assume jurisdiction over the premises by this Agreement. FWS 3-2455 11/13 CA) 16U6 Spatial Information Sharing: In accordance with the Privacy Act of 1974, permission must be obtained from the Landowner before any personal information can be released. The only information that can be shared is payment information that is authorized by law. Therefore, Landowner consent is requested to allow for sharing of spatial information about this project solely with conservation cooperators providing technical or financial assistance with the restoration, enhancement or management of fish and wildlife habitat. X I, the Landowner, consent to having spatial information about this project shared with other conservation cooperators. I, the Landowner, do NOT wish to have any spatial information about this project shared with other conservation cooperators. Signatures: ATTEST: ,,• a, BOARD OF COUNTY COMMISSIONERS DWIGHT E. B'OCK,Clerk COL !'R C• TY, FLORIDA By: ; L4h,- DeP uty C1q k'. Tom Henning, CH I' AN Attest as to Chairman signature only. Landowner(s) Date Approved as to form and legality: By: -- Jennifer A. Belpe Assistant County Attorney orb \�a' Erin P. Myers, USFWS Partners for Fish and Wildlife Program Biologist Date Kevin Godsea, USFWS Partners Program State Coordinator or Field Supervisor or Branch Chief Date FWS 3-2455 11/13 Cq 160 6 EXHIBIT A The habitat improvements described below are agreed to by Collier County Board of County Commissioners and, the USFWS, in a Landowner Agreement dated July 8, 2014. Description of Habitat Improvement Project and Objectives: Invasive exotic vegetation is destroying native habitat in Florida and has been for decades. If this invasive vegetation is not removed and treated, native wildlife habitat will continue to be eliminated. This project will remove the direct threat to infested upland and wetland habitat communities and remove the indirect threat of a large seed source. Native plants will replace invasive exotic vegetation, thus restoring these habitats for native wildlife species The Rivers Road Preserve is a 76 acre preserve located in central Collier County, within the Primary Zone of the Florida Panther Focus Area. The preserve is adjacent to and contributes to an important wildlife corridor connecting two private conservation easements through a wildlife crossing under Immokalee Road to the over 60,000 acre Corkscrew Regional Ecosystem Watershed (CREW) owned by the South Florida Water Management District and Audubon Florida. Rivers Road Preserve is located 1.5 miles south of the CREW lands and 10 miles NW of the Florida Panther National Wildlife Refuge. Umbrella Species include the Florida panther (Puma concolor coryi) and the Florida Black Bear(Ursus americanus floridanus). Numerous bear sightings, panther telemetry points and photo accounts have been recorded in the area and one telemetry point was recorded approximately 1/3 mile from the preserve. There are anecdotal reports of panthers on the southern portion of the preserve. Other rare, candidate and listed species benefitted include the Big Cypress fox squirrel, swallow-tail kite, gopher tortoise, bonneted bat and Eastern indigo snake. Removing invasive exotic plants from this property will greatly improve the natural habitat for the Florida Panther and numerous other wildlife species which frequently move through this area. Exotics to be treated and/or removed include all FLEPPC Category I and II plants. The primary exotic plant species that exist in the preserve include Brazilian pepper(Schinus terebinthifolius), earleaf acacia(Acacia auriculiformis), rosary pea(Abrus precatorius), Ceasar's weed (Urena lobata), and Melaleuca (Melaleuca quiquinerva). A substantial Air potato (Dioscorea bulbifera) infestation also exists on the preserve however; it will not be treated until July 2014. In June 2013, the USDA-Agricultural Research Service (ARS) Invasive plant Laboratory released Asian Leaf beetles (Lilioceris cheni) to feed on the air potato plants on the preserve as a bio-control research project. The beetle damage is being monitored on a monthly basis until June 2014. They will determine then if they will release additional beetles in this location and continue the research project or not. Future monitoring and re-treatment of the invasive exotic plant population within the preserve will be performed by Collier County Staff. Follow-up treatments will continue at a minimum of 2 times per year until maintenance state is achieved then treatment will be reduced to one event per year. FWS 3-2455 11/13 C`q 160 6 USFWS will: Program biologist will be assisting with management plan development and providing funds to hire a contractor to conduct the initial, 3-month follow-up, and 6-month follow-up exotic plant treatment on the preserve. Initial treatment would begin in 2014, and all treatments will be chemical kill in place. The contractor will be responsible for the control of any target trees, shrubs, and seedlings and the application of any herbicides within the designated project location. All aspects of the control of listed invasive species within the preserve, including any equipment, labor, supply, and herbicide needs, will be the responsibility of the contractor. The contractor will take precautions to avoid harming any native vegetation or wildlife. All species will be killed-in-place with a basal bark or cut stump treatment with an appropriate dyes laced herbicide approved for use by the State of Florida and Collier County. All work will be directed by a qualified project manager licensed to apply pesticides by the State of Florida. Within the areas hatched in yellow on the attached map, all woody exotics have already mechanically mowed and the resulting chips left in place (See Figure 4). Exotic plant re-growth within these areas of the preserve will also be treated in place during all 3 project treatments. The Landowner(s)will: Collier County Staff will conduct future monitoring and re-treatment of the invasive exotic plant population within the preserve. Follow-up treatments will continue at a minimum of 2 times per year until maintenance state is achieved then treatment will be reduced to one event per year. The other Cooperator(s)will: USDA-ARS Invasive plant Laboratory in Davie Florida released Asian Leaf beetles (Lilioceris cheni) to feed on the air potato plants on the preserve as a bio-control research project in 2013, and will continue to monitor and enhance population as needed. Florida Fish and Wildlife Conservation Commission Invasive Plant Management Section will contribute $15,000 for contracted labor to remove invasive plants on the project site. FWS 3-2455 11/13 Cq( 160 b . . Budget Table: Partners Object Class Categories' Landowner USFWS USFWS Other Totals Partners Other Programs Non-USFWS Program Personnel $15,000 $ $ $ $15,000 Fringe benefits $ $ $ $ Travel $ $ $ $ Equipment $ $ $ $ Supplies $ $ $ $ 500 $ 500 Contractual $ $ 15,000 $ $ 15,000 $30,000 Monitoring $ $ $ $ 500 $ 500 Retreatment $ $ $ $ $ Totals $15,000 $15,000 $ $16,000 $46,000 a The total cost-share by the Cooperator, Service and Landowner must remain the same, however allocations by category may be redistributed upon prior approval by the Service Any work to be completed may be modified with the mutual agreement of the aforementioned parties. FWS 3-2455 11/13 P)