Backup Documents 05/14/2013 Item #16A11ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16AI
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE `
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office`tCj
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later 5�3�
than Monday preceding the Board meeting.
* *NEW ** ROUTING SLIP
Complete routing lines #I through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routing lines #I through #2, complete the checklist, and forward to the Coun Attorney Office.
Route to Addressees (List in routing order)
Office
Initials
Date
1.
aivromiate.
(Initial)
Applicable)
2.
May 14, 2013
Agenda Item Number
16A 11 i
3. Colleen M. Greene, ACA
County Attorney Office
CMG
5\Z3�`3
4. BCC Office
Board of County
Commissioners
Number of Original
4
5. Minutes and Records
Clerk of Court's Office
'Wy\
(3i (13
l0- (my,
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created /prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above. may need to contact staff for additional or missine information.
Name of Primary Staff
Gary McAlpin / Coastal Zone Mgt.
Phone Number
252 -5342
Contact / Department
aivromiate.
(Initial)
Applicable)
Agenda Date Item was
May 14, 2013
Agenda Item Number
16A 11 i
Approved by the BCC
Does the document need to be sent to another agency for additional signatures? If yes,
N/A
Type of Document
Interlocal Agreement
Number of Original
4
Attached
Original document has been signed/initialed for legal sufficiency. (All documents to be
Documents Attached
PO number or account
n/a
number if document is
by the Office of the County Attorney.
to be recorded
All handwritten strike - through and revisions have been initialed by the County Attorney's
N/A
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
aivromiate.
(Initial)
Applicable)
1.
Does the document require the chairman's original signature?
CMG
2.
Does the document need to be sent to another agency for additional signatures? If yes,
N/A
provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet.
3.
Original document has been signed/initialed for legal sufficiency. (All documents to be
CMG
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney.
4.
All handwritten strike - through and revisions have been initialed by the County Attorney's
N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5.
The Chairman's signature line date has been entered as the date of BCC approval of the
CMG
document or the final negotiated contract date whichever is applicable.
6.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
CMG
signature and initials are required.
7.
In most cases (some contracts are an exception), the original document and this routing slip
N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8.
The document was approved by the BCC on 05/14/13 and all changes made
CMG
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes, if applicable.
9.
Initials of attorney verifying that the attached document is the version approved by the
CMG
BCC, all changes directed by the BCC have been made, and the document is ready for t e
Chairman's signature.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12
16A11
MEMORANDUM
Date: May 31, 2013
To: Joe Batte, Chairman
City of Marco Island
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Interlocal Agreement w /The City of Marco Island and the Hideaway
Beach District
Attached, please find one (1) original of the document referenced above
(Item #16A11), approved by the Board of County Commissioners on
Tuesday, May 14, 2013.
If you have any questions, please call 252 -8411.
Thank you.
16oAll.
MEMORANDUM
Date: May 31, 2013
To: Erik Brechnitz, Chairman
Hideaway Beach District
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Interlocal Agreement w /The City of Marco Island and the Hideaway
Beach District
Attached, please find one (1) original of the document referenced above
(Item #16A11), approved by the Board of County Commissioners on
Tuesday, May 14, 2013.
If you have any questions, please call 252 -8411.
Thank you.
16A11
MEMORANDUM
Date: May 31, 2013
To: Gail Hambright, Accountant
Coastal Zone Management
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Interlocal Agreement w /The City of Marco Island and the Hideaway
Beach District
Attached, please find one (1) original of the document referenced above
(Item #16A11), approved by the Board of County Commissioners on
Tuesday, May 14, 2013.
If you have any questions, please call 252 -8411.
Thank you.
Teresa L. Cannon
From:
Sent:
To:
Cc:
Subject:
Use 195 - 110406 - 80211.1
Thanks,
HambrightGail < GailHambright @colliergov.net>
Friday, May 31, 2013 11:50 AM
Teresa L. Cannon
McAlpin, Gary
RE: Recording Number
li. ' C d
Coastal Zone Management
Natural Resource Department
Collier County Government
2800 N. Horseshoe Drive
Naples, Florida 34104
Phone: (239) 252 -2966
Fax: (239) 252 -2950
Stream Fax (239) 252 -6502
From: Teresa L. Cannon [ma ilto: Teresa. Cannon @colIierclerk.com]
Sent: Friday, May 31, 2013 11:44 AM
To: HambrightGail
Subject: RE: Recording Number
yes
From: HambrightGail [ mailto :GailHambright @colliergov.net]
Sent: Friday, May 31, 2013 11:41 AM
To: Teresa L. Cannon
Subject: RE: Recording Number
By recording number do you mean account strand?
16A11
Coastal Zone Management
Natural Resource Department
Collier County Government
2800 N. Horseshoe Drive
Naples, Florida 34104
Phone: (239) 252 -2966
Fax: (239) 252 -2950
Stream Fax (239) 252 -6502
From: Teresa L. Cannon [mailto: Teresa. Cannon O)colIierclerk.com]
Sent: Friday, May 31, 2013 11:36 AM
To: HambrightGail
Subject: Recording Number
16A1i
Hi Gail,
Regarding the Interlocal Agreement w /City of Marco Island (Item #16A11 from 5/14/13), 1 need a recording number.
Ann said we have one on file, would you like me to use that.
Please visit us on the web at www.collierclerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not
be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or
take any action induced by or in reliance on information contained in this message.
Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of
Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk @collierclerk.com
quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility
for any onward transmission or use of emails and attachments having left the CollierClerk.com domain.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to
a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
Under Florida Law, e -mail addresses are public records. If you do not wan" your e mal address released in response to ¢a public records request, do not send
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INSTR 4846658 OR 4927 PG 577
RECORDED 6/3/2013 9:11 AM PAGES 5
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $44.00
INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY, 6
THE OF BEACH CITY
DISTRICT FORD COLLIER COUNTY TO I PROVIDE n
$350,000 IN TOURIST DEVELOPMENT CATEGORY "A" TAX
REPRESENTING COLLIER COUNTY'S PRORATA SHARE
FOR THREE EROSION CONTROL STRUCTURES AS PART OF
THE 2013 HIDEAWAY BEACH RENOURISHMENT AND
EROSION CONTROL PROJECT.
THIS INTERLOCAL AGREEMENT ( "Agreement "), is made and entered into this
day of M bi , 2013, by and between the Board of County Commissioners, the
governing bod of Collier County, a political subdivision of the State of Florida, hereinafter
referred to as "County," the City of Marco Island, a Florida municipal corporation, hereinafter
referred to as "City," the Hideaway Beach District, a dependent special district within the
meaning of Ch. 189, Fla. Stat., and hereafter referred to as "District."
RECITALS:
WHEREAS, the County adopted a Tourist Development Category "A" Funding Policy
for beach renourishment and erosion control on November 1, 2005; and
WHEREAS, the goal of the County's adopted policy is to maintain and enhance the
shoreline beaches and provide visitors and residents convenient public beach access and quality
beach amenities; and
WHEREAS, the County reviewed a Grant Application from the City and the District on
October 23, 2012 and November 13, 2013, requesting $925,000 dollars to fund erosion control
structures on Hideaway Beach based on the approved Tourist Development Council (TDC)
Funding Policy; and
WHEREAS, the District has hired engineers to design, permit and construct a project to
renourish Hideaway Beach and provide three additional permanent erosion control structures
(the "Project "); and
WHEREAS, the County desires to fund its proportionate share of the Project related to
construction of permanent erosion control structures on Hideaway Beach; and
WHEREAS, the City and the District desire to fund the remainder of the Project
including the portion of the Project related to renourishment and the placement of sand on
Hideaway Beach; and
WHEREAS, the District shall be responsible for the costs for the annual monitoring
anticipated to be required by the permit for the Project to be issued by State of Florida,
Department of Environmental Protection (FDEP); and
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71116671
16Ti11
WHEREAS the County agrees to provide thirty -eight (38) percent of the maintenance
costs of these three (3) erosion control structures using Category "A" Funds for the County's
proportionate share of the maintance costs for the anticipated 25 year asset life, and the City and
the District agree to fund the remaining share of the maintenance costs.
WHEREAS, the Hideaway Beach District will be responsible for the engineering,
permitting (local, state and federal), design, construction, inspection and all permit compliance of
the Project; and
WHEREAS, the Board of County Commissioners hereby finds that this Project,
specifically including the County's proportionate share, is a project which promotes tourism in
Collier County.
NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS CONTAINED
HEREIN, THE PARTIES AGREE AS FOLLOWS:
1. RECITALS. The above recitals are true and correct and incorporated herein.
2. ELIGIBILITY AND FUNDING. The Hideaway Beach portion of the northern beach
area of Marco Island is eligible for TDC funding under the County adopted policy for the
construction of erosion control structures. The total cost requested by the City and the District is
$350,000 and will be funded by the County with Tourist Development Tax funds payable to the
City on a cost reimbursement basis, not to exceed $350,000 dollars, for the County's
proportionate share of the construction of the three erosion control structures based on pricing
submitted by the lowest, qualified and responsive bidder.
The City and District will provide the funding for the remainder of the Project including
the installation of the erosion control structures and renourishment portion of the Project.
The County agrees to provide thirty -eight (38) percent of the maintenance costs of these
three (3) erosion control structures using Category "A" Funds for the County's proportionate
share of the maintance costs for the anticipated 25 year asset life, and the City and the District
agree to fund the remaining share of the maintenance costs.
3. SPONSORSHIP. The City agrees to sponsor the Project on behalf of the District and to
secure funding to supplement the Tourist Development Tax funds for completion of the
renourishment and stabilization project and the professional services associated with the erosion
control structures and any cost overruns above the $350,000 approved by the County for its
proportionate share of construction of the three erosion control structures. Permits will be issued
in the City's name. The City and the District will obtain any additional permits required by
state, local or federal permitting agencies. The District will obtain any necessary easements from
the beachfront property owners in the area of the Project.
The County will maintain proportional ownership of the erosion control structures.
Page 2 of 5
71116671
16A11
4. CITY AND DISTRICT OBLIGATIONS.
The City and the District remain obligated to fund the entire Project less the total amount
pledged by the County of $350,000 representing the County's proportionate share of the public
benefit of the Project.
5. PRIVATE PROPERTY EASEMENTS. The District will process the necessary
easements from the property owners fronting on the Project area and grant the same rights under
those easements to the selected vendors and contractors for purposes of completing the Project.
The District will record those easements through the County Clerk's Office and notify the
County when this is complete.
6. DISTRICT TO COMPLETE PERMIT CONDITIONS. The District shall be responsible
to fulfill the ongoing obligations of the permits and all conditions of the permits such as annual
monitoring and continued maintenance of the erosion control structures and beach area.
7. PROJECT PERIOD. In order to complete the Project in a timely manner, the County
and City agree that the construction of the beach renourishment and stabilization Project will be
allowed to occur during sea turtle nesting season (May 1St to October 31s) provided it is
approved by the Florida Department of Environmental Protection and the Army Corps of
Engineers. The District shall follow all available techniques to minimize impact, if any, to sea
turtle nests.
8. INDEMNIFICATION. Each party shall be liable for its own actions and negligence and,
to the extent permitted by law, Collier County shall indemnify, defend and hold harmless the
District and the City against any actions, claims or damages arising out of Collier County's
negligence in connection with this Agreement, and the District and City shall indemnify, defend
and hold harmless Collier County against any actions, claims, or damages arising out of the
District and City's negligence in connection with this Agreement. The foregoing indemnification
shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes,
Section 768.28, nor shall the same be construed to constitute agreement by either party to
indemnify the other party for such other party's negligent, willful or intentional acts or omissions.
9. MISCELLANEOUS PROVISIONS.
A. Any and all notices, designations, consents, offers, acceptances, or other
communications provided for herein shall be given to the City and to the District, attention City
Manager, City of Marco Island, 50 Bald Eagle Drive, Marco Island, FL 34145. Notice to the
County, attention County Manager, Collier County Government Complex, 3299 Tamiami Trail
East, Naples, FL 34112.
B. This writing embodies the entire agreement and understandings between the
parties and there are no other agreements or understandings, oral or written, with reference to the
subject matter herein, no alteration change or modification to the terms of this Agreement shall
have any force or effect unless made in writing and signed by the parties hereto. This Agreement
shall be governed and construed in accordance with the laws of the State of Florida. This
Page 3 of 5
71116671
16A1].
Agreement may be executed in each of several copies, each of which may be considered an
original.
C. Except as to the District, the City may not sell, transfer, or assign this Agreement,
or any part hereof, without the written consent of the County.
[Signature Page to Follow]
Page 4 of 5
7111667_1
16Ai1
IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be
executed the day and year aforesaid in counterparts, each counterpart to be considered an
original.
ATTEST: _, r':r
DWIGHT E. BRp�K, Clerk
6;st i as to Chair ynefuty Clerk
A��PA98 g9'V6 form and
legal sufficiency:
Colleen M. Greene
Assistant County Attorney
ATTEST:
Laura Litzen, Cit} erk
Approved as to form and
legal sufficiency:
A I , e �
City Attorney
(SEAL)
09.0031/5321
71116671
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Y:
--cal , ,
70h� vkcc. - Gti�z �r r,.an
CITY OF MARCO ISLAND, FLORIDA
TTE, Chairman
HIDEAWAY BEACH DISTRICT
By:
ERIK BRECHNITZ, Chairman
Page 5 of 5