Agenda 02/28/2012 Item #16A122/28/2012 Item 16.A.12.
EXECUTIVE SUMMARY
Recommendation to approve an Agreement between the Collier County Sheriffs Office
and Board of County Commissioners of Collier County for the construction and
maintenance of a concrete wall between widened Oil Well Road and the Sheriffs
substation located on the southeast corner of the Corkscrew Middle School property.
Fiscal Impact: Not to Exceed $15,000. Project No. 60044.
OBJECTIVE: To construct a wall between expanded Oil Well Road and the Sheriffs
substation for the protection of Sheriff's personnel and students and visitors to the substation,
with the Sheriff assuming all maintenance responsibilities for the wall thereafter.
CONSIDERATIONS: Oil Well Road has been expanded by Collier County from two lanes to
four in front of Corkscrew Middle School on whose property is located a Sheriff substation. In
order to protect personnel and visitors at the substation, the Sheriff has requested that the County
construct a short section of concrete wall between the roadway and the substation. In exchange
the Sheriff promises to assume all maintenance responsibility for the wall. This proposal has the
full support of Collier County School District staff.
FISCAL IMPACT: The cost of installing the proposed wall on the County's right -of -way is
estimated to not exceed $15,000. Funding is available from allowance monies on the existing
Mitchell and Stark Contract # 09 -5287, approved by the Board on December 15, 2009. Source
of funds are Gas Taxes.
Per the Agreement, Sheriff shall assume complete and total responsibility for maintenance, repair
and /or replacement of said wall.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated
with this recommendation.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is legally
sufficient for Board action, and requires a majority vote for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida:
1) Approve the attached Agreement in concept, and authorize its Chairman to execute
same on behalf of the Board once it has been executed by the Sheriff and reviewed
and approved by the County Attorney;
2) Authorize the County Manager or his designee to undertake construction of said
wall; and
3) Authorize any and all budget amendments, which may be required to carry out the
collective will of the Board.
Prepared By: Kevin Hendricks, Right -of -Way Acquisition Manager
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2/28/2012 Item 16.A.12.
Attachments: (1) Agreement with exhibit.
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.12.
2/28/2012 Item 16.A.12.
Item Summary: Recommendation to approve an Agreement between the Collier County
Sheriff's Office and Board of County Commissioners of Collier County for the construction and
maintenance of a concrete wall between widened Oil Well Road and the Sheriff's substation
located on the southeast corner of the Corkscrew Middle School property. Fiscal Impact:
$15,000. Project No. 60044.
Meeting Date: 2/28/2012
Prepared By
Name: HendricksKevin
Title: Manager - Right of Way,Transportation Engineering
2/14/2012 5:08:39 PM
Approved By
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 2/16/2012 11:44:52 AM
Name: DuganKevin
Title: Project Manager,Transportation Engineering & Const
Date: 2/16/2012 12:53:51 PM
Name: LynchDiane
Title: Administrative Assistant
Date: 2/16/2012 3:42:08 PM
Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administr
Date: 2/17/2012 7:35:54 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 2/17/2012 9:43:48 AM
Name: FederNorman
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2/28/2012 Item 16.A.12.
Title: Administrator - Growth Management Div,Transportati
Date: 2/17/2012 9:46:59 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 2/17/2012 9:53:26 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 2/17/2012 3:41:04 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 2/21/2012 11:44:45 AM
Name: SheffieldMichael
Title: Manager- Business Operations, CMO
Date: 2/21/2012 2:09:48 PM
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2/28/2012 Item 16.A.12.
AGREEMENT
THIS AGREEMENT is made and entered into on this day of
2012, by and between the Collier County Sheriffs Office, whose mailing address is 3219
East Tamiami Trail, Building J, Naples, FL, 34112 (hereinafter referred to as "Sheriff'), and
COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is
3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida
34112 (hereinafter referred to as "County ").
WITNESSETH:
WHEREAS, the westbound lanes of Oil Well Road have been moved thirty (30) feet
further to the north as a result four - laning of Oil Well between Immokalee Road and the
Golden Gate Main Canal; and
WHEREAS, Sheriff has requested and County has agreed to construct a concrete wall
between the roadway and the mobile home as shown on Exhibit "A;" and
WHEREAS, Sheriff acknowledges that it will be responsible for continuing and
perpetual maintenance of not only the interior but also the exterior surfaces of said wall; and
WHEREAS, Sheriff acknowledges that County will have no obligation whatsoever for
the maintenance and /or repair of said wall.
NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of which is
hereby mutually acknowledged, it is agreed by and between the parties as follows:
1. County shall construct an eight (8) foot high concrete wall in substantially the same
location as is shown on Exhibit "A."
2. Sheriff shall assume complete and total responsibility for maintenance, repair and /or
replacement of said wall
3. This Agreement and the terms and provisions hereof shall be effective as of the date
this Agreement is executed by both parties and may only be modified by written
amendment thereto.
4. This Agreement is contingent upon no other provisions, conditions, or premises other
than those so stated above; and this written Agreement, including all exhibits attached
hereto, shall constitute the entire Agreement and understanding of the parties, and
there are no other prior or contemporaneous written or oral agreements, undertakings,
promises, warranties, or covenants not contained herein.
5. Sheriff hereby releases, holds harmless, defends and indemnifies County for and from
any and all damages, claims, liabilities, actions, costs and expenses (including without
limitation reasonable paralegal and attorney's fees and costs), penalties or fines
incurred by or asserted against the County by reason or arising out of the Associations,
it's agents, contractors, or employees' performance hereunder.
6. This Agreement is governed and construed in accordance with the laws of the State of
Florida.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.)
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Agreement
2/28/2012 Item 16.A.12.
Page 2
IN WITNESS WHEREOF, the parties have caused these presents to be executed
the date and year first above written.
AS TO COUNTY:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
,Deputy Clerk Fred W. Coyle, Chairman
AS TO SHERIFF:
Witness (Signature)
Name:
(Print)
Witness (Signature)
Name:
(Print)
Approved as to form and
legal sufficiency:
Jeff Klatzkow
County Attorney
COLLIER COUNTY SHERIFF'S OFFICE
By:
KEVIN J. RAMBOSK, Sheriff
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