Agenda 12/12/2017 Item #16E14Proposed Agenda Changes
Board of County Commissioners Meeting
December 12, 2017
Continue Item 11C to the January 9, 2018 BCC Meeting: Recommendation to waive
competition as a single source vendor and award a contract to US Submergent Technologies in an
estimated amount of $1,000,000 for the removal of sand, grit and debris at the North County Water
Reclamation Facility resulting from Hurricane Irma recovery operations under Project No. 50154.
(Staff’s request)
Move Item 17M to Item 9B: Recommendation to adopt an ordinance reestablishing the
County Government Productivity Committee. (Commissioner Taylor and Commissioner
Solis’ separate requests)
Move Item 16A29 to Item 11K: Recommendation to authorize the publication of Collier
County’s notice of intent to utilize the uniform method of collecting non-ad valorem assessments
in unincorporated Collier County in accordance with F.S. 197.3632(3)(a), in consideration and as
part of the Stormwater Utility Phase II process. (Commissioner McDaniel’s request)
Move Item 16E14 to Item 11L:
Recommendation to replace and
supersede the Florida Forestry Service
Cooperators Agreement dated July 1988
with the Florida Department of Agriculture
and Consumer Services with a new
Memorandum of Understanding Agreement
for the statutory defined Forestry and
wildfire services to include expanded
mitigation services and financial
contributions (Fiscal Impact $75,000).
(Commissioner McDaniel’s request)
12/12/2017
EXECUTIVE SUMMARY
Recommendation to replace and supersede the Florida Forestry Service Cooperators Agreement
dated July 1988 with the Florida Department of Agriculture and Consumer Services with a new
Memorandum of Understanding Agreement for the statutory defined Forestry and wildfire services
to include expanded mitigation services and financial contributions (Fiscal Impact $75,000).
OBJECTIVE: To expand the County’s wildfire mitigation efforts in advance of next fire season.
CONSIDERATIONS: Collier County experienced one of the most intense wildfire seasons on record
in the Spring of 2017. After the Lee Williams and 30th Ave fires, which had the greatest impact on
eastern Collier County, the Board directed staff to pursue expanding the scope a nd delivery of wildfire
prevention services provided by the Florida Forest Service. State and local fire officials met with County
Emergency Services staff and identified such efforts to include, but not be limited to, mechanical clearing
and maintenance of fire breaks, purchase of equipment and implements to be used directly for Collier
County mitigation efforts, expanded public education efforts, minor operating supplies and maintenance,
chemical treatment, and prescribed burning.
The Florida Forest Service agreed to provide these services for an additional contribution of $75,000 with
public education and outreach materials not exceeding 7% of the supplemental mitigation funding
provided by the County separate from its annual statutory contributions. The Caloosahatchee Forestry
Center of the Florida Forest Service shall file a written report quarterly to the Board in a form prescribed
by the County Manager to report the progress and plans of the wildfire mitigation efforts including fire
lines installed and an accounting of funds expended.
While not a party to this agreement, the independent fire control and rescue districts of North Collier Fire
Control and Greater Naples Fire Control may offer in-kind support to this mitigation effort. Such in-kind
donations to the Florida Forest Service may include but not be limited to: provision of fuel, storage of
equipment, personnel to assist in prescribed burns, and community education efforts.
A new agreement that supersedes the 1988 Agreement is needed to allow for these mitigation funds,
which are supplemental and at the discretion of the Board now or in future years and not part of the
statutory annual per-acre contribution.
FISCAL IMPACT: Funds ($75,000) are available in Division of Forestry Fund (111) Operating
Expenses.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
action.
LEGAL CONSIDERATIONS: Section 125.27(1), Florida Statutes states, in pertinent part: The Florida
Forest Service of the Department of Agriculture and Consumer Services and the board of county
commissioners of each county in this state shall enter into agreements for the establishment and
maintenance of countywide fire protection of all forest and wild lands within said county, with the total
cost of such fire protection being funded by state and federal funds. Each county shall, under the terms of
such agreements, be assessed each fiscal year, as its share of the cost of providing such fire protection, a
sum in dollars equal to the total forest and wild land acreage of the county, as determined by the Florida
Forest Service, multiplied by 7 cents.
The proposed Memorandum of Understanding meets the requirements of 125.27, Florida Statutes.
12/12/2017
Accordingly, this item is approved for form and legality and requires a majority vote for Board action. -
JAB
RECOMMENDATION: To execute the attached Agreement for supplemental wildfire mitigation
efforts.
Prepared by: Dan Summers, Director, Bureau of Emergency Services
ATTACHMENT(S)
1. MOU FL Forest Services (003) (PDF)
2. 1988 Forestry MOU (PDF)
12/12/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.14
Doc ID: 4323
Item Summary: Recommendation to replace and supersede the Florida Forestry Service
Cooperators Agreement dated July 1988 with the Florida Department of Agriculture and Consumer
Services with a new Memorandum of Understanding Agreement for the statutory defined Forestry and
wildfire services to include expanded mitigation services and financial contributions (Fiscal Impact
$75,000).
Meeting Date: 12/12/2017
Prepared by:
Title: Executive Secretary – Emergency Management
Name: Kathy Heinrichsberg
11/30/2017 2:39 PM
Submitted by:
Title: Division Director - Bureau of Emer Svc – Emergency Management
Name: Daniel Summers
11/30/2017 2:39 PM
Approved By:
Review:
Administrative Services Department Paula Brethauer Level 1 Division Reviewer Completed 11/30/2017 3:17 PM
Emergency Management Daniel Summers Additional Reviewer Completed 12/01/2017 8:14 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 12/01/2017 9:53 AM
Administrative Services Department Len Price Level 2 Division Administrator Review Completed 12/01/2017 3:14 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/01/2017 3:49 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/01/2017 4:30 PM
Office of Management and Budget Laura Wells Additional Reviewer Completed 12/01/2017 5:32 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/02/2017 12:48 PM
Board of County Commissioners MaryJo Brock Meeting Pending 12/12/2017 9:00 AM
MEMORANDUM UM F UNDERSTAND111140 r,,-,&
FLORIDA DEPARTMENT AGRICULTURE
A A CONSUMER SERVICES,
392,538 acres Land
THIS MEMORANDUM OF UNDERSTANDING ("Agreement"), made and entered into this
day ofa�®2017, by and between the Florida Department of Agriculture and
Consumer Services; Florida Forest Service, hereinafter celled "F FS," and Collier County, a
Pohtieat Subdivision of the State of Florida, hereinafter called the "County." Bfoth entities are
hereinafter collectively called the "parties."
WITNESSETH.
WHEREAS, Section 125.27, Florida Statutes, provides that the Florida .Forest Service sof
the Department of Agriculture and Consumer Services shall enter into agreements with the Board
of County Commissioners of each county in the State of .Florida for the establishment and
maintenance of countywide fire protection of all Forests and all wildlands within said county, and
WHERE -AS, Section 125.27, Florida Statutes, also provides that each county shall be
assessed each fiscal year as its share of the cost of providing such Fre protection a stem in dollars
equal to the total Forest and wild land acreage of the county, as determined by the Department,,
WHEREAS, in accordance with Section 125,27, Florida Statutes, the Parties entered a
Cooperative forests oCounty,
WHEREAS, when a wildfire encroaches into urban development, it threatens homes,
structures, recreation, infra -structure, and lives; and
WHEREAS, there are portions of Collier County that are highly susceptible to impacts
from wildfire, including the Golden Gate Estates area, and
WHEREAS, the purpose of a firebreak is to limit any combustible material from a fire and,
in addition, they are used to prevent advancing surface flames from coming in direct contact with
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homes and structures; and
WHEREAS, a firebreak is an area where all vegetation and organic matter is removed
down to mineral soil by use of a conventional fire plow, or vegetation is reduced in height to lower
overall flame length and intensity. A firebreak- is created and maintained by having tractors pull
roll choppers or using CLIttina and grinding equipment working through designated areas; and
WHEREAS, there is a benefit to the residents of the County for the EES to create and
maintain additional firebreaks within the County to avoid a wildfire's encroachment into urban
areas, resulting in the potential destruction of homes, structures, and loss of life; and
WHEREAS, the County has determined that providing additional funds from time -to -time
at the Board's discretion shall augment and support FFS wildfire mitigation efforts beyond the
statutory payment for wildfire suppression and will help to increase the amount of wildfire
mitigation work that EFS can accomplish; and
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WHEREAS, in 1988, the County adopted the Collier County Wildfire Mitigation Plan,
hereinafter called the "Plan," with the goal to lower the community's risk to wildfire damage in
WHEREAS, consistent with the Plan, the County is
dedicated to mitigating the impacts of
hazards such as wildfires, and has committed funding for that purpose in the FYI 8 County Budget
WHEREAS, the County desires assistance from FFS in carrying out the strategy in the
WHER-E S, the County desires the creation and maintenance and of new and existing
firebreaks within the County. The statutory funds provided by the County shall be used in the
manner required by Section 125.27 Florida Statutes, and the remainder mitigation funds shall not
be pert of FFS's day-to-day activity, but shall be utilized for supplies, equipment, fuel, labor, pipes,
pumps, educational materials, and other activities necessary to further wildfire protection; and
WHEREAS, such remainder mitigation fends contributed by the County for the activities
referenced above slia.11 be deposited in the Florida Forestry Arson Alert Foundation fund for the
Caloosahatchee Forestry Center's work within Collier County.
WHFREAS, the County may provide additional levels of mitigation funding in fixture years
fern other sources at a rate and schedule to be determined by the Board; and
WHEREAS, the FFS will provide quarterly reports on its mitigation efforts to the County
Manager in a form prescribed by the County Manager; and
WHEREAS, the F l~ S will coordinate with the County's Growth Management Division
regarding land clearing and land use; and
WHEREAS, this Agreement is intended to replace and supersede the State of Florida
Cooperative Agreement between the Parties, originally dated August 22, 1988 (Contract #r 19041
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NINIOW, THEREFORE, in consideration of the mutual covenants and agreement hereinafter
contained, and in the interest of the public served by both Parties, the County and FF S agree as
I . The above-mentioned recitals are true and correct and incorporated by reference as
if fully stated herein.
? The initial term of this Agreement shall be five (5) years commencing on the date
first written above and will automatically renew for two successive three (,),year terms unless one
party provides the other with written notice at least ninety (90) days in advance of the end of the
existing term that it does not wish to renew the term of this Agreement.
FF S shall provide fire protection for (392,538) acres of forest and 'vvild lands �vithin
Collier County.
4. The County shall, Linder the terms of this agreement and Section 125.27, Florida
Statutes, pay to FF S annually as its share of the cost of providing such fire protection at the
statutory rate (totaling -S-17,477.66), said receipts to be deposited in the Incidental Trust Fund of
the FF S and the General Revenue Fund of the State. The remainder of the mitigation funds
supplied by the County (totaling S47,522.34) shall be paid to the Florida Forestry Arson Alert
Association fund for the Caloosahatchee Forestry Center's work within Collier County.
5. FF S shall neither transfer nor assign the Agreement nor subcontract management
of the resources or any part thereof norant any interest, privileges, or licenses whatsoever in
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connection with this Aareement without prior written consent from the County.
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6Nothing herein shall be construed as a waiver of sovereign immunity enjoyed by
any party hereof, as provided in Section 768.28 Florida Statutes, as amended, or any other law
providing limitation on claims.
7. Each party to this Agreement shall be responsible for its own acts and/or omissions
and those of its officers, employees, and agents in the perforniance of this Agreement. No party to
this Agreement shall be responsible for the acts and omissions of those entities or individuals not
a party to this Agreement. FFS is self-insured in accordance with Section 768,28, Florida Statutes.
8. FFS agrees and certifies that it will comply with Title VI of the Civil Rights Act of
1964 (PL 88-352) and other enabling acts and regulation, and accordingly, no person in the United
States shall, on the grounds of race, sex, creed, handicap, or national origin, be excluded from
participation in, be denied the benefits of, or otherwise subjected to discrimination in the
management of the project described herein.
9. Both Parties agree that there is no conflict of interest by either party In the execution
and performance of this Agreement.
10. This Agreement shall be effective upon the day and year written above and shall
remain in full force and effect until terminated as provided herein under paragraph 2, above.
IL Notices to FFS shall be sent to:
FFS: Ronda Sutphen
3125 Conner Blvd.
Tallahassee, FL 32.399
With Copy to:
Mr. Michael Weston- Center Manager
10941 Palm Beach Blvd.
Fort Myers, FL 33905
Notices to County shall be sent to:
Mr. Leo Ochs, County Manager
3299 Tamiami Trail -Suite 202
Naples, FL 34112
With Copy to:
Mr. Dan E. Summers, Director
R
Collier County Emergency Management Division
8875 Lely Cultural Parkway — Suite 442
Naples, FL 34113
12. The employees or agents of each party who are engaged in the performnance of this
Agreement shall continue to be employees and agents of d shall not be considered for
purposeany to be ,yees or agents the other party.
13. If'any provision of this Agreement shall be held to be invalid, such invalidity shall
not affect the other provisions of this Agreement, which can be Given effect without the invalid
provision, if such remainder conforms to the requirements of applicable law and the fundamental
purpose of this Agreement, and to this end the provisions of this Agreement are declared to be
severable.
14. The state of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature.
15, This Agreement contains all the terms and conditions agreed upon by the parties.
No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall
e deerned to exist or to bind either of the Parties hereto. This Agreement may be amended or
mollified only upon the mutual written consent of the Parties.
16. Acceptance of this Agreement shall be indicated by the signature of the duly
aUthori cd representatives of the Parties in the space provided.
I
The Parties have caused this Agreement to be executed on the date stated above.
ATTEST:
DWIGHT E. BROCK, CLERK
y:
Deputy Clerk
Approval as to form and legality:
By:
PENNY TAYLOR, CHAIRMAN
Jennifer A. Belpedio
Assistant County Attorney ON FLORIDA DEPARTMENT OF AGRICULTURE
AND CONSL N4,ER SERVICES, FLORIDA
FOREST SERVICE
By:
Jo Hicks, Director
jvision of Administration
F11')RTF)4, FC)PT--Q'rPV AQQnXr AT ED -1-
g9-!?-' 08 09:36 FB0[1-
\frjs'' 9187
T-251 PAA?lggs E-728
S"ATE Or FLOB,IDA i.
COOPERATIVE AGREBI.{EM
BETIilEEN
DEPARII{ET{T OP ACBICI'LTURE A}ID CONST'}IBR SERVICES
DIVISION Otr TORESTRY
AND
The CquntY of Coll{.er , in thc SEate of Flotida
587.306 Acrec Land
TEIS COOPBBAIM AGREEME}fTT nadc and cntcred into thlr lst day
of
-,lClX-,
400-. by and bctween tho State of Florl-da, Dcpartnent
of AgrLculture and Coneuner Servicee, Division of, Forestry, hereinaftcr called
the "Departncntr[ and the county of Collier . of, the SEate of Fl-orlda,
hercinafter callcd the rtCounty.r'
I{HEREAS, Secrlon 125,2?, Florlda Statutes, provldcs that the Dlvlslon of
Eorcatry of the Departmcnt of Agriculture and Consumer Ssrvices ehall enter inio
agreementa with the Board of County Conmissloners of each councy in the SEate
for the establlshment and nalntenance of countf'wlde flre protection of all for-
est and wlld lands wlthln rald county, and
l.lHEREAs, Sectlon 125,27, Elorida statuea, also provldeE that each county
ehall, under the tenra of thir agreementr be assegred each flscal year ar 1t8
ehare of the cost of provtdtng such flre protecBton a oum ln dollars eguel to
the rocal forest and wlld land acrcage of the county, et detcnillned by the
: DeparloenE, nultlplled by three centr (3C).
tPlI, TIIEREFORE, thi6 Cooperatlve Agreement shall be in full force and
effect on and after July I , Jg$,E_, and sha1l contlnue ln full "'
forca rnd cffect untl1 superaeded by a new es,roeEcnt or cancelled by the Florlda
Statutee.
09-1?-' 08 09:36 FR0r-/T-2s1 P003/903 F-128
-2-
l. The Department shall provlde flre protectlon for 5871306 acre6
of foreat and wild lands withln Co111er County.
2. The County shall, under the terns of thie atreement, pay to the
Department annually as lte ehare of the cost of providing such fire protection
$.. lz.ffg.l8 , sai,d receLgts to be depostted ln the General Revenue Pund
of the State.
3. No amendnent, addendum, or change3 in thlr agreement shall be valid
and blnding upon the pertlea hereto unlegr such auendne.nt, addendum, or changc
be reduced to wrltlng and executed by both partles.
IN WITNESS WI{EREOB, the parties hereto have caused thls agreement to be
executbd the day and year firrt above lrritten.
smie oP FLoRTDA, DEPARTI{ENT oF
AGRICULTURE AND CONSI'UER SERVICES,
DIVISION OF FORESTRY
THE BOARD OF COUNTY COMMISSIONERS
Collter County, Blorida
Date !
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A.4., 'i :.7JAMESAttest
Clerk
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