Agenda 07/11/2017 Item #16A1407/11/2017
EXECUTIVE SUMMARY
Recommendation to approve an Amendment to the July 30, 2002 Interlocal Agreement by and
between Collier County and the City of Marco Island resuming ownership, operation and
maintenance responsibility for the entirety of County Road 92A (Goodland Road).
OBJECTIVE: For the county to take back ownership of Goodland Road.
CONSIDERATION: On July 30, 2002, the Board of County Commissioners (Board) entered into an
Interlocal Agreement with the City of Marco Island in which the Board relinquished and transferred to the
City all of its ownership of the entirety of County Road 92A as it existed within the boundaries of the
City limits. The Agreement also provided for the County to budget and appropriate $1M on an annual
basis for a period of 15 years in return for assuming roadway maintenance and operational
responsibilities. Since the transfer several efforts have been made to encourage the City to maintain and
rebuild the roadway.
At the May 11, 2017, Joint Meeting of the Collier County Board of County Commissioners and Marco
Island City Council, both the Board and the Council agreed:
1. To amend the Interlocal Agreement and turn responsibility of Goodland Road over to Collier
County.
2. The County retains the $2M currently due the City of Marco Island from the existing Interlocal
Agreement.
3. The City remit the impact fee revenue currently being withheld.
4. The City would support County initiated grant requests related to County Road 92A.
On June 14, 2017, Collier County received a check from the City of Marco Island for the impact fee
revenue which had been withheld. On June 19, 2017, the City of Marco Island approved an amendment
to the July 30, 2002, Interlocal Agreement transferring ownership, operation and maintenance
responsibility for the entirety of County Road 92A.
FISCAL IMPACT: Normal maintenance activities over the next five years is anticipated to include a
higher degree of incident response including addressing Water Over Road, road patching, roadside
vegetation maintenance, roadside mowing, pathway maintenance, pavement marking maintenance and
guardrail repair. The overall annual average maintenance costs prior to reconstruction are expected to be
higher than post reconstruction and are estimated at $50,000.
It is anticipated that the necessary improvements to the roadway will be over $5.7M inclusive of design,
permitting, mitigation, construction and construction engineer and inspection services. County staff will
incorporate phase estimates into the budget process. Post improvement maintenance activities over the
first seven to ten years will predominantly be addressing roadside vegetation maintenance, roadside
mowing, pathway maintenance, pavement marking maintenance and other incidental maintenance
including guardrail repair, cross pipe cleaning and/or bridge/culvert maintenance. Estimated need for
resurfacing would be between 10 to 15 years at a cost of approximately $100,000 per lane mile. Overall
annual average including costs for resurfacing, vegetation and mowing maintenance, guardrail,
pipe/culvert/bridge maintenance, pathway and pavement marking maintenance is estimated at $25,000.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
07/11/2017
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact related to this action.
RECOMMENDATION: To approve and authorize its Chairman to execute the attached Amendment to
the July 30, 2002 Interlocal Agreement between Collier County and the City of Marco Island to accept
ownership, operation and maintenance responsibility for County Road 92A.
Prepared by: Trinity Scott, Transportation Planning Manager, Capital Project Planning, Impact Fees &
program Management Division
ATTACHMENT(S)
1. July 30 2002 Interlocal Agreement (PDF)
2. Amended Interlocal Agreement (PDF)
07/11/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.14
Doc ID: 3394
Item Summary: Recommendation to approve an Amendment to the July 30, 2002 Interlocal
Agreement by and between Collier County and the City of Marco Island resuming ownership, operation
and maintenance responsibility for the entirety of County Road 92A (Goodland Road).
Meeting Date: 07/11/2017
Prepared by:
Title: Manager - Planning – Capital Project Planning, Impact Fees, and Program Management
Name: Trinity Scott
06/19/2017 11:31 AM
Submitted by:
Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program
Management
Name: Amy Patterson
06/19/2017 11:31 AM
Approved By:
Review:
Growth Management Department Judy Puig Additional Reviewer Completed 06/21/2017 4:58 PM
Procurement Services Ted Coyman Additional Reviewer Completed 06/21/2017 5:31 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 06/22/2017 7:10 AM
Procurement Services Barbara Lance Level 1 Purchasing Gatekeeper Completed 06/22/2017 8:02 AM
Procurement Services Swainson Hall Additional Reviewer Completed 06/22/2017 11:13 AM
Procurement Services Evelyn Colon Additional Reviewer Completed 06/22/2017 11:17 AM
Transportation Engineering Trinity Scott Additional Reviewer Skipped 06/23/2017 4:07 PM
Growth Management Operations Support Allison Kearns Additional Reviewer Completed 06/23/2017 4:09 PM
Capital Project Planning, Impact Fees, and Program Management Trinity Scott Additional Reviewer Skipped 06/23/2017 4:10 PM
Growth Management Department Trinity Scott Additional Reviewer Skipped 06/23/2017 4:12 PM
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 06/23/2017 5:04 PM
Growth Management Department Kenneth Kovensky Additional Reviewer Completed 06/23/2017 5:24 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/26/2017 8:34 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 06/29/2017 1:28 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/30/2017 3:18 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/02/2017 11:37 AM
07/11/2017
Board of County Commissioners MaryJo Brock Meeting Pending 07/11/2017 9:00 AM
Iota: 3034471 OR: 3095 PG; 2818 HC >n1 24.o0
CLIH f0 M M" HCOIDID ID Ut 0111CIAL HCOIDI of COLLIII C09M, IL CO[I11 5.00
I17II0111CI 4" 1L001 01/22/2002 at 01:09?N OMIGIf 1. IIOCt, CLIH
1117240
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF MARCO ISLAND AND COLLIER COUNTY
TRANSFERRING JURISDICTION OF PUBLIC ROADS
AND ROAD RIGHTS-OF-WAY WITHIN
THE CITY LIMITS OF MARCO ISLAND
This Interlocal Agreement between Collier County and the City of Marco Island made
this -30 day of 2002, by and between Collier County, a
political subdivision of the State of Florida, hereinafter referred to as "County," and the City of
Marco Island, a municipal corporation, hereinafter referred to as "City."
WHEREAS, on
Agreement to transfer
City; and
WHEREAS, the
WITNESSETH:
y X99; the Co t
irr"afu>lic roads and roar n
jurisdiction certain speci:,ivadw
Agreement; and 1
WHEREAS, the County and 1
desirable.
the City entered into an Interlocal
=way from the County to the
from said transfer of
in Exhibit "A" to this
said exemption is no longer necessary or
WITNESSETH:
NOW, THEREFORE, in consideration of the premises, the above -stated clauses and
other good and valuable consideration received and acknowledged by the parties to be sufficient,
the County and City agree as follows:
1. The County does henceforth and in perpetuity, transfer the ownership and relinquish
responsibility to the City for the maintenance and operation of the entirety of County
Page I
2.
OR: 3095 PG: 2879
Road 92 (CR 92) as it currently exists within the boundaries of the City as further
described herein and all appurtenances thereto, including, but not limited to its road
right-of-way, its traffic signs and pavement markings and its storm water drainage
culverts crossing under or along CR 92 from its westerly terminus at the intersection
of Collier Boulevard (SR 95 1) in a generally easterly direction to the western end of
the approach to the Goodland Bridge (Collier County Bridge Number 030184, a
distance of approximately 24,725 feet (approximately 4.7 miles).
The County shall relinquish and transfer to the City, two [2] years after the execution
of this agreement, all of its ownership to the entirety of County Road 92A (CR 92A),
also known as Good1F
limits.
3. Immediately upon th;
a s
y3 F� iii
its operation of anre
92A (CR 92A ao
boundaries of thety
4.
known as
to its road right-of-way,
and all
within the boundaries of the City
County shall relinquish all of
the entirety of County Road
it currently exists within the
thereto, including, but not limited
pavement markings and its storm water
drainage culverts crossing under or along CR 92A from its northerly terminus at the
intersection of San Marco Road (CR 92) in a generally southerly direction to the City
of Marco Island corporate line, a distance of approximately 2950 feet (approximately
0.55 miles).
The City agrees it will not, in any way, impede egress and ingress to the residential
and commercial currently unincorporated area known as "Goodland", an area located
at the southerly end of CR 92A, currently outside the corporate boundaries of the City
Page 2
OR: 3095 PG: 2880
and within Collier County, except for temporary closure for maintenance and
construction.
5. The County agrees to budget and appropriate on an annual basis and pay to the City
the sum of One Million Dollars [$1,000,000.00] per year for a period of fifteen [l5]
years, in return for the City assuming, from October 1, 2002 and in the future. all
maintenance and operational responsibilities for the roadway segments set forth in
paragraphs one and two above, and for all roadways within the City as permitted
under Florida Law.
6. The City, subject to the li
7.
indemnify and hold hu l
y
damages, losses,,,,and c tsA
intentional wrohitfiArrOscond
City in the
The s
County,�J4, u " eqt, to the
;
Indemnify and
damages, losses, and
ons of Florida Statutes, Section 768.28, shall
;o> nt `its o,cers and employees from liabilities,
extent causeby,the negligence, recklessness, or
fi �Cjtr�a d� arsons employed or utilized by the
pemgnt. J
Section 768.28, shall
m s
the City, i and employees, from liabilities,
tswy tt►e negligence, recklessness, or intentional
wrongful misconduct of the County and persons employed or utilized by the County
in the performance of this Agreement.
8. The payments shall be made semi-annually, beginning with the first payment in the
amount of Five Hundred Thousand Dollars ($500,000) on or before March 31, 2003
and each March thereafter; and the second payment in the amount of Five Hundred
Thousand Dollars ($500,000) beginning on or before June 30, 2003, and each June
Page 3
OR; 3095 PG; 2881
thereafter, until paid in full. The date and method of payments may be changed with
the mutual prior written consent of the parties.
9. The source of funding for the County for the payments due pursuant to this
Agreement shall be at the sole discretion of the County.
10. The effective date of this Agreement shall be October 1, 2002.
11. This Interlocal Agreement shall be recorded in the Public Records of Collier County.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
by their respective authorized signatories.
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BY
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BOARD OF COUNTY
COLLIER COLMY, I
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APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
�6
cqline Hu bard Robinson
sistant County Attorney
Page 4
.Glenn Tucker, Chairman
APPROVED AS TO FORM & LEGALITY:
'e;4� "of- Z-./'
Kenneth B. Cuyler
City Attorney
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AMENDMENT TO INTERLOCAL AGREEMENT
DATED JULY 30, 2002, BY AND BETWEEN
COLLIER COUNTY AND THE CITY OF MARCO ISLAND
TRANSFERRING JURISDICTION OF PUBLIC ROADS
AND ROAD RIGHTS-OF-WAY WITHIN THE CITY
LIMITS OF MARCO ISLAND
This Amendment to an Interlocal Agreement dated July 30, 2002, by and between Collier
County and the City of Marco Island ("Amendment'), is dated this 20th day of June 2017, and
is made by and between Collier County, a political subdivision of the State of Florida, hereinafter
referred to as "County," and the City of Marco Island, a municipal corporation, referred to as
City.
RECITALS:
WHEREAS, on January 19, 1999, the County and the City entered into an Interlocal
Agreement to transfer ownership of public roads and road rights-of-way from the County to the
City; and
WHEREAS, the above -referenced Interlocal Agreement exempted from said transfer of
jurisdiction County Road 92A (CR 92A) as it currently exists within the boundaries of the City;
and
WHEREAS, pursuant to said Interlocal Agreement, the County relinquished and
transferred to the City all of its ownership of the entirety of CR 92A, also known as Goodland
Road as it existed within the boundaries of the City limits; and
WHEREAS, the July 30, 2002 Interlocal Agreement provided that the County would
"budget and appropriate on an annual basis and pay to the City the sum of One Million Dollars
[$1,000,000.00] per year for a period of fifteen [15] years, in return for the City assuming, from
October 1, 2002 and in the future, all maintenance and operational responsibilities for the
roadway segments set forth in paragraphs one and two above, and for all roadways within the
City as permitted under Florida Law;" and
WHEREAS, the parties agree that Goodland Road will require an estimated $5,700,000
in improvements; and
WHEREAS, the County has agreed it will take back ownership of Goodland Road and
make the required improvements; and
WHEREAS, the City wishes to aid the County with respect to obtaining grant funds to
aid in these future expenditures.
WITNESSETH:
NOW THEREFORE, in consideration of the covenants contained below, the parties
agree as follows:
1. All of the above RECITALS are true and correct and are hereby expressly incorporated
herein by reference as if set forth fully below.
2. Effective as of the date of this Amendment, the City hereby relinquishes and transfers
to the County, in perpetuity, all of its ownership to the entirety of County Road 92A, also
known as Goodland Road, as it now exists within the boundaries of the City limits.
3. Effective as of the date of this Amendment, the County shall resume all of its
operation of and responsibility for the maintenance of the entirety of County Road
92A (CR 92A), also known as Goodland Road, as it currently exists within the
boundaries of the City limits, and all appurtenances thereto, including, but not limited to
its road right-of-way, its shared use pathways, its traffic signs and pavement markings
and its storm water drainage culverts crossing under or along CR 92A from its northerly
terminus at the intersection of San Marco Road (CR 92) in a generally southerly
direction to the City of Marco Island corporate line, a distance of approximately 2950
feet (approximately 0.55 miles).
4. Paragraph 5 of the July 30, 2002 hiterlocal Agreement is hereby amended to reduce the
period of $1,000,000 payments from fifteen (15) to thirteen (13). With this Amendment,
the City acknowledges and agrees that the County's payment obligations under the July
30, 2002 Interlocal Agreement are satisfied in full and that no future payments by the
County to the City are required.
5. The City agrees to cooperate with the County in any future grant application the County
may file with respect to the current needed improvements to Goodland Road, which the
parties estimate is $5,700,000.
6. The County hereby authorizes its County Manager and the City hereby authorizes its City
Manager to take any and all administrative action required to implement this
Amendment, including, but not limited to the assistance of the City in any effort by the
County to obtain grant funding for the necessary improvements to Goodland Road.
7. Except as specifically set forth herein, the remaining terms of the July 30, 2002 Interlocal
Agreement remain in full force and effect.
z
8. The effective date of this Amendment shall be June 20, 2017.
9. This A m e n d m e n t shall be recorded by the County in the Public Records of
Collier County.
IN WITNESS WHEREOF, the parties hereby have caused these presents to be executed
by their respective authorized signatories.
DATE:
ATTEST:
DWIGHT E. BROCK, Clerk
M
, Deputy Clerk
BOARD OF COUNTY COMMI'
COLLIER COUNTY, FLORIDA
Penny Taylor, Chairman
Approved as to form and legality:
Jeffrey A. Klatzkow, County Attorney
3
DATE:
ATTEST:
Laura M. Litzan, City Clerk
, City Clerk
Cy1was] 11uP\3K0111TA2"I
Lary Honig, Chairman
Approved as to form and legality:
Alan L. Gabriel, City Attorney