Agenda 06/24/2014 Item #16A166/24/2014 16.A.16.
EXECUTIVE SUMMARY
Recommendation to approve a Memorandum of Agreement between Collier County and the Big
Cypress National Preserve detailing the terms of a combined effort designed to restore a more
natural surface water flow pattern to a section of the Turner River.
OBJECTIVE: To assist staff of the National Park Service Big Cypress National Preserve with
completion of the Turner River Restoration Plan.
CONSIDERATIONS: Turner River is located approximately 5.5 miles east of State Road 29
within the boundary of the Big Cypress National Preserve. Turner River can be accessed from a
park canoe launch area along Tamiami Trail East (US 41). The river generally flows north to
south perpendicular to and beneath Tamiami Trail. Approximately one additional mile to the
east of Turner River is Turner River Road and Turner River Canal. Construction of the canal
and the adjacent Turner River Road many years ago altered the flow pattern of the natural Turner
River. The National Park Service Big Cypress National Preserve has been working on an effort
to restore more natural surface water flows to the Turner River area since 1980.
Currently Turner River gets most of its base flow from adjacent wetlands and the manmade
Turner River Canal via two existing culverts. The existing culverts convey water from east to
west from the canal under Turner River Road and into Turner River. The current culverts are
undersized and restricting flow. Installation of additional culverts will provide more surface
water flow to the Turner River and decrease the potential of peak canal stages overtopping
Turner River Road. Turner River Road is a county maintained road located within the Big
Cypress National Preserve. During the rainy season, water from the canal washes out sections of
the lime rock roadway creating water quality issues and costly maintenance repairs for the
County Road Maintenance Department.
Big Cypress National Preserve has received a $60,000 grant for the restoration effort from the
South Florida National Parks Trust (SFNPT) to be spent over a two year period. The grant
funds will cover all necessary materials to add three additional sets of culverts under Turner
River Road. Collier County's contribution will be to furnish all labor and equipment needed to
install the additional culverts. The main details of this restoration project partnership are listed
in the attached Memorandum of Agreement. Big Cypress National Preserve staff will complete
all the design and permitting work. Per a permitting pre- application meeting discussion held
January 28, 2014, Collier County will be co- pennittee for the necessary environmental resource
permits. It is estimated to take six to nine months to permit the project.
FISCAL IMPACT: The value of in -kind culvert installation services provided by the County
Road Maintenance Department is estimated to be $40,000.
Once installed, the new culverts will have a life cycle exceeding 50 years. Recurring annual
operation and maintenance cost are estimated to be approximately $100 /culvert/yr. The new
culverts will be maintained by the Road Maintenance Department, Fund 101.
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LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires
majority vote for Board approval. —SRT
GROWTH MANAGEMENT IMPACT: Restoration of surface water flows of the Turner
River is in accordance with the goals and objectives of the Drainage Sub - element of the Growth
Management Plan.
RECOMMENDATION: To approve the attached Memorandum of Agreement between the
National Park Service Big Cypress National Preserve and Collier County and direct the Board
Chairman to execute the agreement after final review by the County Attorney's Office.
Prepared By: Jerry Kurtz, Principal Project Manager, Growth Management Division
Attaclunent: (1) Memorandum of Agreement
(2) Project Location Map
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.16.
Item Summary: Recommendation to approve a Memorandum of Agreement between
Collier County and the Big Cypress National Preserve detailing the terms of a combined effort
designed to restore a more natural surface water flow pattern to a section of the Turner River.
Meeting Date: 6/24/2014
Prepared By
Name: KurtzGerald
Title: Project Manager, Principal, Transportation Road Maintenance
5/28/2014 6:13:02 PM
Submitted by
Title: Project Manager, Principal, Transportation Road Maintenance
Name: KurtzGerald
5/28/2014 6:13:03 PM
Approved By
Name: V1ietJohn
Title: Director - Road Maintenance, Road Maintenance
Date: 5/29/2014 11:25:07 AM
Name: LaPierreBarbara
Title: Management/Budget Analyst, Transportation Administration
Date: 5/29/2014 5:00:13 PM
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 6/3/2014 3:06:30 PM
Name: KearnsAllison
Title: Manager Financial & Operational Support, Transportation Administration
Date: 6/4/2014 4:41:13 PM
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6/24/2014 16.A.16.
Name: TaylorLisa
Title: Management/Budget Analyst, Transportation Administration
Date: 6/5/2014 2:49:53 PM
Name: LaPierreBarbara
Title: Management/Budget Analyst, Transportation Administration
Date: 6/6/2014 10:26:01 AM
Name: LorenzWilliam
Title: Director - CDES Engineering Services, Natural Resources
Date: 6/7/2014 10:09:36 AM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 6/9/2014 2:05:51 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 6/10/2014 11:10:35 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 6/11/2014 11:00:08 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/13/2014 11:28:00 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 6/16/2014 11:34:35 AM
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MEMORANDUM OF AGREEMENT
THIS MEMORANDUM OF AGREEMENT (hereinafter referred to as the "Agreement ")
is made and entered into this of * 2014, 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.
RECITALS•
WHEREAS, the BCNP was recently awarded $60,000.00 from the private, non -profit
South Florida National Parks Trust to help correct and enhance natural hydrologic conditions in
the headwaters of the Turner River located in eastern Collier County, Florida; and
WHEREAS, despite prior re- diversion efforts in the 1990's to restore water flow to the
Turner River, the water delivery system remains undersized relative to the size of its pre -
drainage contributing watershed, which causes the river to be only partially navigable; and
WHEREAS, the BCNP and the COUNTY have a shared interest in the restoration of
Flow of the Turner River including but not limited to: (1) the project's location within and
alongside the right -of -way of a county -owned road, (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 the roadway, 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 Flow
Enhancement Project (hereinafter, the "Project''') 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 correct and enhance the natural hydrologic conditions in the Turner River.
WITNESSETH:
NOW, THEREFORE, in consideration
valuable consideration exchanged amongst the
contained herein, the parties agree as follows:
of the above promises and other good and
parties, and in consideration of the covenants
A. All of the above recitals are true and correct and are hereby expressly incorporated
herein by reference as if set forth fully below.
re
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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 Project,
which shall include without limitation the installation and maintenance of five
100 to 250 foot sections of the Turner River Canal. 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 three locations on Turner River
Road, estimated to require about a month of work time.
b. Future maintenance of the installed culverts.
4. A copy of the Overview Map of the Turner River Flow Enhancements Project
detailing the Existing Condition (Problem), the Proposed Condition (Solution),
including the placement of the new proposed culverts 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
management of their respective responsibilities on the permitting and
construction of the Project:
BCNP: COUNTY:
J.D. Lee, Acting Superintendent Gerald Kurtz, Principal Project Manager
National Park Service Growth Management Division
Big Cypress National Preserve 2885 S. Horseshoe Drive
33100 Tamiami Trail E. Naples, FL 34104
Ochopee, Florida 34141
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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 retrain 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.
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
By:
Print Name and Title
First Witness:
Print Name:
Second Witness:
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Print Name:
Attest: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
LE
, Deputy Clerk
Approved as to form and legality:
Scott R. Teach
Deputy County Attorney
:
TOM BENNING, Chairman
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