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Agenda 02/27/2018 Item #16A1202/27/2018 EXECUTIVE SUMMARY Recommendation to approve South Florida Water Management District Agreement 4600003787 between the South Florida Water Management District and Collier County for the maintenance of the SR-29 (a/k/a Barron Collier) Canal. OBJECTIVE: That the Board of County Commissioners (BCC) authorize the Chairman to sign Local Government Agreement 4600003787 (Agreement) between the South Florida Water Management District (SFWMD) and Collier County for maintenance of the State Road 29 canal (SR-29). CONSIDERATION: The State Road 29 Canal (Barron River) runs along the east side of State Road 29 from Immokalee to Everglades City. The canal was excavated in the 1920’s to provide fill for the (former) railroad and road which runs parallel to the west of the canal. Over time the canal has become an important drainage outfall for a significant part of the Town of Immokalee, Farm Workers Village, SR- 29, and many agricultural and preserve lands to the south of Immokalee. In 2015, due to a lack of maintenance, the canal was observed to be in poor condition and not functioning as required. It was subsequently determined that the canal is primarily located on private property and as such, no government entity had maintenance responsibilities. At the April 26, 2016 BCC meeting, the Board approved an Executive Summary (Item16A26) authorizing funds for a one-time cleanup of the SR-29 canal from south of Farm Workers Village to Immokalee Rd. The County was required to obtain right of entry agreements with all property owners along the remaining portion of the canal for any future maintenance considerations. Since the April 26, 2016 meeting, Collier County has acquired all the drainage, access and maintenance easements needed to operate and maintain the canal from Immokalee town all the way south to Parcel 101DAME, which is the property immediately north of the north most Park Service Parcel. SFWMD agrees to contribute funds and the County agrees to perform the work set forth in the Statement of Work attached hereto as Exhibit “A” and made a part hereof, subject to availability of funds, and in accordance with their respective authorities for the Maintenance and Operation of SR-29 canal (aka Barron River Canal). The period of performance of this Agreement shall commence on the date of execution of this Agreement and shall continue for a period of five year(s). Looking to the future, it is more beneficial for the health, safety, and welfare of local property owners and travelers of SR-29, that the maintenance needs of the SR-29 canal be addressed. If maintenance is not performed in a timely manner, the conditions will continue to deteriorate to an almost non -functioning condition. FISCAL IMPACT: Canal maintenance funding is budgeted in the Road and Bridge Mai ntenance Fund (101) Aquatics section. Staff estimates the annual expenditure to maintain the Barron Collier Canal will be between $75,000-$100,00; SFWMD will participate in the cost sharing up to 50% of the actual maintenance expenditures, with the annual contribution not to exceed $62,500. GROWTH MANAGEMENT IMPACT: Ensuring adequate maintenance and operation of all major stormwater and surface water management canals within Collier County is in conformance with all applicable goals, objectives and policies of both the Stormwater Management Sub-Element and the 16.A.12 Packet Pg. 681 02/27/2018 Conservation and Coastal Management Element of the Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval. -SRT RECOMMENDATION: To authorize the Board of County Commissioners (BCC) Chairman to sign Local Government Agreement 4600003787 (Agreement) between the South Florida Water Management District (SFWMD) and Collier County for maintaining the SR-29 canal. Prepared by: Travis Gossard, Director - Road Maintenance, GMD ATTACHMENT(S) 1. 4600003787 FINAL of Local Government Agreement w Exhibits_Jan28_2018 (PDF) 2. Location Map - SR29 (PDF) 16.A.12 Packet Pg. 682 02/27/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.12 Doc ID: 4819 Item Summary: Recommendation to approve South Florida Water Management District Agreement 4600003787 between the South Florida Water Management District and Collier County for the maintenance of the SR-29 (a/k/a Barron Collier) Canal Meeting Date: 02/27/2018 Prepared by: Title: Supervisor - Operations – Road Maintenance Name: Diane Lynch 02/09/2018 10:33 AM Submitted by: Title: Division Director - Road Maintenance – Road Maintenance Name: Travis Gossard 02/09/2018 10:33 AM Approved By: Review: Growth Management Department Diane Lynch Level 1 Reviewer Completed 02/09/2018 10:35 AM Capital Project Planning, Impact Fees, and Program Management Gloria Herrera Additional Reviewer Completed 02/12/2018 8:05 AM Growth Management Operations Support Allison Kearns Additional Reviewer Completed 02/13/2018 8:42 AM Road Maintenance Diane Lynch Additional Reviewer Skipped 02/13/2018 8:44 AM Growth Management Department Jeanne Marcella Department Head Review Completed 02/13/2018 9:57 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/14/2018 10:45 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 02/16/2018 11:58 AM County Attorney's Office Scott Teach Level 3 County Attorney's Office Review Completed 02/19/2018 12:24 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 02/19/2018 12:31 PM Board of County Commissioners MaryJo Brock Meeting Pending 02/27/2018 9:00 AM 16.A.12 Packet Pg. 683 AGREEMENT NO. 4600003787 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY THIS AGREEMENT is entered into as of this ______ day of _________, 2018 by and between the South Florida Water Management District (hereinafter referred to as “DISTRICT”) and Collier County (hereinafter referred to as “COUNTY”), a political subdivision of the State of Florida. WHEREAS, the DISTRICT is a government entity created by Chapter 373, Florida Statutes; and WHEREAS, DISTRICT desires to provide financial assistance to COUNTY for Maintenance and Operation of State Road 29 (SR-29) Canal (a/k/a “Barron River Canal”); and WHEREAS, COUNTY warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this AGREEMENT; and WHEREAS, the Governing Board of the DISTRICT, at its meeting held on March 8, 2018 approved entering into this AGREEMENT with COUNTY. NOW, THEREFORE, in consideration of the covenants and representations set forth herein and other good and valuable consideration, the receipt and adequacy of which is hereby mutually acknowledged, the parties agree as follows: 1. DISTRICT agrees to contribute funds and COUNTY agrees to perform the work set forth in the Statement of Work attached hereto as Exhibit “A” and made a part hereof, subject to availability of funds and in accordance with their respective authorities for the Maintenance and Operation of SR-29 Canal (a/k/a “Barron River Canal”). 2. The period of performance of this AGREEMENT shall commence on the date of execution of this AGREEMENT and shall continue for a period of five year(s). PO NO. 950000____________ SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT 16.A.12.a Packet Pg. 684 Attachment: 4600003787 FINAL of Local Government Agreement w Exhibits_Jan28_2018 (4819 : SFWMD Agreement SR29 Canal) Page 2 of 6, Agreement No. 4600003787 3. The total DISTRICT contribution will be 50% of COUNTY’S cost to maintain the canal but shall not exceed the amount of $62,500 per DISTRICT fiscal year. DISTRICT shall make payment upon completion and acceptance of invoices. DISTRICT’s payment is a reimbursement of actual expenditures and therefore is subject to adequate documentation to support actual expenditures. Absence of proper documentation may result in non-payment or audit and return of prior payments. In no event shall DISTRICT be liable for any contribution hereunder in excess of $62,500 per year. 4. If the total consideration for this AGREEMENT is subject to multi-year funding allocations, funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the contrary. DISTRICT will notify COUNTY in writing after the adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. 5. All work to be performed under this AGREEMENT is set forth in the “Statement of Work” (Exhibit “A”) which is attached hereto and made a part of this AGREEMENT. COUNTY shall submit an annual report detailing the status of work. The work specified in Exhibit “A” shall be under the direction of COUNTY but shall be open to periodic review and inspection by either party. No work set forth in Exhibit “A” shall be performed beyond five years unless authorized through execution of a written amendment to this AGREEMENT to cover succeeding periods. 6. DISTRICT assigns to COUNTY, and COUNTY hereby assumes, all interests and obligations of the DISTRICT under the DISTRICT’s Maintenance Easement Agreement with the Florida Department of Transportation, dated August 20, 2001, attached hereto as Exhibit “B.” 7. COUNTY is hereby authorized to contract with third parties (subcontracts) for services awarded through a competitive process required by Florida Statutes. COUNTY shall not subcontract, assign or transfer any other work under this AGREEMENT without the prior written consent of DISTRICT’s Project Manager. COUNTY agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by COUNTY that DISTRICT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract(s). 8. COUNTY, to the extent permitted by law, assumes any and all risks of personal injury, bodily injury and property damage attributable to negligent acts or omissions of COUNTY and the officers, employees, servants and agents thereof. COUNTY represents that it is self-funded for Worker’s Compensation and liability insurance, covering bodily injury, personal injury and property damage, with such protection being applicable to COUNTY, its officers and employees while acting within the scope of their employment during performance of under this AGREEMENT. In the event that COUNTY subcontracts any part or all of the work hereunder to any third party, COUNTY shall require each and every subcontractor to name DISTRICT as an additional insured on all insurance policies as required by COUNTY. Any contract awarded by COUNTY shall include a provision whereby COUNTY’s subcontractors 16.A.12.a Packet Pg. 685 Attachment: 4600003787 FINAL of Local Government Agreement w Exhibits_Jan28_2018 (4819 : SFWMD Agreement SR29 Canal) Page 3 of 6, Agreement No. 4600003787 agree to indemnify, pay on behalf, and hold DISTRICT harmless from all damages arising in connection with COUNTY’s subcontract(s). 9. COUNTY and DISTRICT further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. 10. The parties to this AGREEMENT are independent entities and are not employees or agents of the other parties. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of independent entities, between DISTRICT, COUNTY, their employees, agents, subcontractors and/or assigns, during or after the term of this AGREEMENT. The parties to this AGREEMENT shall not assign, delegate or otherwise transfer their rights and obligations as set forth in this AGREEMENT without the prior written consent of the other parties. Any attempted assignment in violation of this provision shall be void. 11. The parties to this AGREEMENT will not discriminate against any person on legally protected bases in any activity under this AGREEMENT. 12. COUNTY, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this AGREEMENT. DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise COUNTY, upon request, as to any such laws of which it has present knowledge. 13. Either party may terminate this AGREEMENT at any time for convenience upon thirty (30) calendar days prior written notice to the other party. In the event of termination, all funds not expended by COUNTY for authorized work performed through the termination date shall be returned to DISTRICT within sixty (60) days of termination. 14. COUNTY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should COUNTY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon COUNTY. 15. COUNTY shall maintain records and DISTRICT shall have inspection and audit rights below. COUNTY shall similarly require each subcontractor to maintain and allow access to such records for audit purposes: A. Maintenance of Records: COUNTY shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from the expiration date of this AGREEMENT. B. Examination of Records: DISTRICT or designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all 16.A.12.a Packet Pg. 686 Attachment: 4600003787 FINAL of Local Government Agreement w Exhibits_Jan28_2018 (4819 : SFWMD Agreement SR29 Canal) Page 4 of 6, Agreement No. 4600003787 records directly or indirectly related to this AGREEMENT. Such examination may be made only within five (5) years from the expiration date of this AGREEMENT. C. Extended Availability of Records for Legal Disputes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this AGREEMENT, COUNTY shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute. All such records shall be made readily available to the DISTRICT. 16. Whenever DISTRICT’s contribution includes state or federal appropriated funds, the COUNTY shall, in addition to the inspection and audit rights set forth in paragraph 15 above, require each subcontractor to maintain and allow access to such records in compliance with the requirements of the Florida State Single Audit Act and the Federal Single Audit Act. 17. All notices or other communication regarding this AGREEMENT shall be in writing and forwarded to the attention of the following individuals: South Florida Water Management District Collier County Attn: Lisa Koehler, Basin Administrator Attn: Sharman Rose, Contract Specialist 3301 Gun Club Road West Palm Beach, FL 33406 Telephone No. (561) 682-2167 Email srose@sfwmd.gov Attn: Tim Gard, Superintendent Attn: Melissa Pearson, Contract Specialist Address: 4800 Davis Blvd, Naples FL 34104 Telephone No. (239) 252-8924 Email: roadmaintenance@colliergov.net 18. COUNTY shall send its invoices and any attachments to APInvoice@sfwmd.gov and a copy to DISTRICT Project Manager. All invoices must reference COUNTY’s legal name as authorized to do business with the State of Florida; DISTRICT’S AGREEMENT Number and Purchase Order (PO) Number as specified on the cover/signature page of the AGREEMENT; a unique invoice number not previously used; date; a description of the services performed, and the amount to be invoiced. COUNTY shall: 1) submit invoices using a pdf file at a resolution of no less than 300 dpi; 2) name the pdf file with COUNTY’s name and the PO number; 3) provide all required attachments with the annual invoice and report , and 4) include the PO number and Invoice number in the subject line of the email. If email or pdf filing is not possible, COUNTY must provide the above to the following address: South Florida Water Management District Accounts Payable P.O. Box 24682 West Palm Beach, FL 33416-4682 COUNTY must submit its invoices in compliance with the requirements of this subsection and all other terms and conditions of this AGREEMENT in order to receive prompt payment by DISTRICT as described in Section 218.70, F.S. COUNTY’s failure to follow the instructions set forth in the AGREEMENT regarding a proper invoice and acceptable services and/or deliverables may result in an unavoidable delay in payment by DISTRICT. 16.A.12.a Packet Pg. 687 Attachment: 4600003787 FINAL of Local Government Agreement w Exhibits_Jan28_2018 (4819 : SFWMD Agreement SR29 Canal) Page 5 of 6, Agreement No. 4600003787 19. COUNTY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 20. This AGREEMENT may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A photocopy, electronic or facsimile copy of this AGREEMENT and any signatory hereon shall be considered for all purposes as original. 21. This AGREEMENT may be amended, extended or renewed only with the written approval of the parties. Either party to this Agreement may initiate amendments to this AGREEMENT, 22. This AGREEMENT, and any work performed hereunder, is subject to the Laws of the State of Florida. Nothing in this AGREEMENT will bind any of the parties to perform beyond their respective authority, nor does this AGREEMENT alter the legal rights and remedies which the respective parties would otherwise have, under law or at equity. 23. Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, COUNTY or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 24. Failures or waivers to insist on strict performance of any covenant, condition, or provision of this AGREEMENT by the parties shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 25. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be submitted jointly to the signatories of this AGREEMENT with each party agreeing to seek in good faith to resolve the issue through negotiation or other forms of non-binding alternative dispute resolution mutually acceptable to the parties. A joint decision of the signatories, or their designees, shall be the disposition of such dispute. 26. This AGREEMENT states the entire understanding and agreement between the parties and supersedes any and all written or oral representations, statements, negotiations, or agreements previously existing between the parties with respect to the subject matter of this AGREEMENT. 27. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in preceding paragraphs 1 – 26 16.A.12.a Packet Pg. 688 Attachment: 4600003787 FINAL of Local Government Agreement w Exhibits_Jan28_2018 (4819 : SFWMD Agreement SR29 Canal) 16.A.12.a Packet Pg. 689 Attachment: 4600003787 FINAL of Local Government Agreement w Exhibits_Jan28_2018 (4819 : SFWMD Agreement SR29 Canal) Page 1 of 1, Exhibit A, Statement of Work, Agreement No. 4600003787 EXHIBIT “A” STATEMENT OF WORK MAINTENANCE AND OPERATION OF SR 29 CANAL (AKA BARRON RIVER CANAL) A. INTRODUCTION/BACKGROUND The Barron Canal (SR29 Canal) was excavated in the 1920’s to provide fill for the former railroad and then SR29. Over time, the canal became an important drainage outfall for Immokalee and many agricultural lands. It is mostly privately owned but Collier County (County) has obtained the necessary easements for the operation and maintenance of the canal. In the mid 1980’s the County maintained the canal and then the State of Florida (State) took it over in the early 2000’s. In 2013, it was determined that the State nor the County had legal ownership/access and all maintenance ceased on the canal north of I-75. Over the last few years, the excessive growth of vegetation has created serious concerns and situations for the adjacent land owners and Immokalee. The County has agreed to lead a joint multi-agency maintenance plan between the Big Cypress Basin, thru the South Florida Water Management District (District) and the County. B. OBJECTIVE This is a cost-share project between the County as the implementing agency and the District. The purpose of this agreement is to provide funding to the County for the operation and maintenance of the SR 29 canal from Immokalee south to US 41. The total estimated annual maintenance costs are $125,000 and the Big Cypress Basin will cost share 50% or in an amount not to exceed $62,500 annually, whichever is less. C. SCOPE OF WORK The scope of this cooperative agreement involves the County providing and performing operation of structures and maintenance on the SR 29 canal. This maintenance may include but is not limited to operation of structures as well as mechanical dredging as needed, herbicide application, clearing and mowing of banks and slopes and the installation of a maintenance pathway. 16.A.12.a Packet Pg. 690 Attachment: 4600003787 FINAL of Local Government Agreement w Exhibits_Jan28_2018 (4819 : SFWMD Agreement SR29 Canal) Page 1 of 3, Exhibit B 16.A.12.a Packet Pg. 691 Attachment: 4600003787 FINAL of Local Government Agreement w Exhibits_Jan28_2018 (4819 : SFWMD Agreement SR29 Canal) Page 2 of 3, Exhibit B 16.A.12.a Packet Pg. 692 Attachment: 4600003787 FINAL of Local Government Agreement w Exhibits_Jan28_2018 (4819 : SFWMD Agreement SR29 Canal) Page 3 of 3, Exhibit B 16.A.12.a Packet Pg. 693 Attachment: 4600003787 FINAL of Local Government Agreement w Exhibits_Jan28_2018 (4819 : SFWMD Agreement SR29 Canal) C oll ie r C ou n t y S t o rm w a te r D ra in age Sy stem - Channels COLLIER COUNTY §¨¦I-75 §¨¦I-75 £¤41 ST29 UT82 ST84 $+858 $+846 $+92 $+850 $+31 $+896 $+951 $+951 $+901 $+862 $+886 $+865 $+856 $+864 $+890 $+953 $+29A $+858 COLLIER COUNTY HENDRY COUNTY LEE COUNTY Marco Naples Evrgds I 7 5SR 29TAMIAMI TRL E SR 82 COUNTY LINES 1ST STSR 29I75 W MAIN ST (T he in f or ma ti on for maintenance is based on County stormwater GIS database - to review for confirmation) µ0 52.5 Miles Date: 12/15/2017 Map Prepared by:Operations Support Division - GMD C&M Canal and Stream Ditch and Swale Maintained by FDOT Maintained by FDOT Maintained by Airport Maintained by County Maintained by Private Unmaintained Maintained by County Maintained by Private Maintained by SFWMD Unmaintained Legend Maintained by County by Permit with National Park Service Collier/SFWMD Proposed Future Maintenance Maintained by SFWMD by agreement with FDOT 16.A.12.b Packet Pg. 694 Attachment: Location Map - SR29 (4819 : SFWMD Agreement SR29 Canal)