Loading...
Backup Documents 11/12/2013 Item #16A13 ORIGINAL DOCUMENTS CHECKLIST& ROUTING S SENT SLIP 16 A 1 3 TO ACCOMPANY ALL ORIGINAL DOCU 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 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 than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 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#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 3. County Attorney Office County Attorney Office One it ,-z-z,(13 X44. BCC Office Board of County G N by Commissioners "DA _10113 t 13 :`i. Minutes and Records Clerk of Court's Office _IQ. 'Z(13 13 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 missing information. Name of Primary Staff Gail Hambright •— Lt c A 5-1--P\ Z,-;-.)',7_ Phone Number 2966 Contact/ Department R.E=-1-- Agenda Date Item was 11/12/13 ✓ 1.../ Agenda Item Number 16A13 Approved by the BCC Type of Document Agreemen Number of Original 2 Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. _(Initial) Applicable) 1. Does the document require the chairman's original signature? X C, C 2. Does the document need to be sent to another agency for additional signatures? If yes, ` ------ provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. N 3. Original document has been signed/initialed for legal sufficiency. (All documents to be X signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. +�1-k 6> 4. All handwritten strike-through and revisions have been initialed by the County Attorney's f Office and all other parties except the BCC Chairman and the Clerk to the Board fJ /fl" 5. The Chairman's signature line date has been entered as the date of BCC approval of the 111 document or the final negotiated contract date whichever is applicable. C'l*C' 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's C signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip 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 f— time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 11/12/13 (enter date)and all changes made during the meeting have been incorporated in the attached document. L+IA. 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 BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. el 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 16413 MEMORANDUM Date: December 16, 2013 To: Gail Hambright, Accountant Coastal Zone Management From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Agreement with Pelican Bay Foundation, Inc. for Beach Renourishment Attached, please find one (1) original and one (1) certified copy of the document referenced above (Item #16A13), approved by the Board of County Commissioners on Tuesday, November 12, 2013. An original document is being held in the Minutes and Records Department to be kept as part of the Board's Official Records. If you have any questions, please call 252-8411. Thank you. 1 6 A 1 3 AGREEMENT BETWEEN COLLIER COUNTY AND THE PELICAN BAY FOUNDATION,INC. FOR BEACH RENOURISHMENT This Beach Renourishment Agreement is entered into this k 41-' day of November, 2013, by and between the Collier County, Florida, a political subdivision of the State of Florida whose mailing address is 3299 Tamiami Trail East,Naples, FL 34112 ("County"). and the Pelican Bay Foundation, Inc., a Florida Non-Profit Corporation, whose mailing address is 6251 Pelican Bay Blvd.,Naples, FL 34108 ( Foundation"). RECITALS: WHEREAS, Collier County is conducting its truck haul beach renourishment which is scheduled to begin on or before October 14, 2013; and WHEREAS, the Foundation would like to participate in the County's truck haul beach renourishment and receive construction services including sand placement in certain identified areas of Pelican Bay, and the Foundation agrees to compensate the County in full and in advance for the construction services and sand placement on the beaches identified herein; and WHEREAS, the County hereby agrees to include the identified Pelican Bay beaches in the truck haul renourishment project and accept the funds from the Foundation to cover these expenses in full. NOW, THEREFORE, in consideration of the covenants contained herein, the parties agree as follows: 1. The Foundation has engaged and compensated its own engineering services for this beach renourishment, and Collier County will follow the engineering design provided by Coastal Planning & Engineering, the Foundation's retained engineer for this project. 1 of 4 1 6 A 1 3 Collier County has engaged construction services to conduct the truck haul beach renourishment including placement of the sand on the eligible beaches and GEL services. 2. The beaches identified by the Foundation for funding include compensation for 10,000 (ten thousand) cubic yards of sand at markers R-35 and R-36. 3. The Foundation agrees to provide the funding in total to the County prior to the truck haul renourishment as identified herein including the fair share value of fixed costs associated with the renourishment at Markers R-35 and R-36. 4. The total amount of the funding due to the County is $374,227. Said funding shall be provided within seven(7)days of execution of this Agreement. 5. The Foundation agrees that should costs increase at this location, through no fault of the County, the Foundation agrees to pay the difference in cost within seven (7) days of written notification by the County. 6. The County agrees that should the expected costs decrease, the County shall provide a refund of the difference to the Foundation at Project close-out. 7. The Foundation agrees to provide the County, its contractors and representatives, the required access to successfully complete the truck haul renourishment. 8. The Foundation shall indemnify and save harmless the County, including all employees of the County, from any loss or damages the Foundation may suffer as a result of claims, suits, demands, damages, losses, fines, penalties, interest, expenses, costs, or judgments, including attorneys' fees and costs of litigation, against the Foundation arising out of the County's truck haul beach renourishment, including the construction. sand placement and related services. 2 of 4 16 A 13 9. Unless terminated as set forth below, this Agreement shall remain in full force and effect from the date first set forth above until the truck haul renourishment is complete and shall be binding upon the parties and all their successors in interest. Prior to the commencement of sand placement, the Agreement may be terminated with cause by the Foundation with thirty (30) days written notice to the other. The County may terminate this Agreement at any time and without prior written notice. Should the Agreement be terminated, the County will refund any unexpended funds to the Foundation after final accounting of the Project. The sole remedy against the County will be to recover the unexpended project funds. 10. In the event either party hereto shall institute legal proceedings in connection with, or for the enforcement of, this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees, at both trial and appellate levels. 11. This Agreement may be recorded by the County in the Official Records of Collier County, Florida. The Foundation shall pay all costs of recording this Agreement subsequent to the execution of this Agreement. A copy of the Recorded Agreement will be provided to the Foundation. 12. This Agreement is the entire agreement between the parties, and supercedes all previous oral and written representations, agreements and understandings between the parties. This Agreement shall be governed by the laws of the State of Florida, and may not be altered or amended in any way, save by written agreement signed by both parties. 13. The rights and obligations of this Agreement shall bind and benefit any successors or assigns of the parties. 3 of 4 1 6 A 1 3 In Witness Whereof,the parties have caused these presents to be executed on the day and date first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIdil1t".143ROCK,Clerk COLLIER Co rt i Y, FLORIDA • , (, • 4, -.- • ...,, -1 - By Al ., . Denpty Clerk GEORGIAIr HILLER, ESQ. ,Attestaio Chairman s CHAIRWOMAN siva ttita,only proved as to form and legality: '461 ((I 00/ 70 14% I CL_Q__ -olleen M. Greene,Assistant County Attorney WIFESSESILL Pelican Bay p 6 •.f n,Inc. ,)--"--i By: ■11.0., Printed Name: PrinterName: - ilrem.ti-e,S 111, , , ifs}-ea64 --, Title: L a VIO.L:11 . • -1 Printed iti"77, IV Ili 4W" STATE OF FLORIDA COUNTY OF COLLIER Signed and acknowledged on thisAf qay of I 4_,,,, , 2013,before me, the undersigned notary public, by ,,,..,......._ 54,42e.,„, ......-/--2"- , President of the Peli9n Bay Foundation, a (xi& corporation not-for-profit, on behalf of the corporation. He iris personally known to me or [ } produced as identification. 4111VIV . ,ot, or blic Printes :ame: ....... My Commission Expires: 1 . ,i!., SUZANNE MINADEO Ud Item# I 10 fk—t 3 qt:IrlkirTMNE*0..SISalrylt4PtuYso2:2:6°ndgeriette576 rs Agenda hit„?_It.,5 4 of 4 i Date Rec'd ' 9 eputy Cleric !