Agenda 04/14/2009 Item #16D 7
Agenda Item No. 1607
April 14, 2009
Page 1 of 9
EXECUTIVE SUMMARY
Recommend that the Board of County Commissioners approve and authorize the
Chairman to sign Interlocal Agreement for Beach Maintenance between Collier
County, the City of Marco Island, and Hideaway Beach District
OBJECTIVE: To obtain Board approvallnterlocal Agreement for Beach Maintenance.
CONSIDERATIONS: The City of Marco Island and the Hideaway Beach District have
requested that Collier County Coastal Zone Management Department (CZM) perform
beach maintenance for Hideaway Beach. The City and the District have agreed to pay
CZM for these beach maintenance services.
CZM will invoice the City of Marco Island and Hideaway Beach District per contract.
Services rendered for payment will be based on the Fee Schedule attached as Exhibit
A.
FISCAL IMPACT: Beach maintenance is an expense budgeted within Beach
RenourishmentlPass Maintenance Fund (195). It is expected that dollars spent and
billable for reimbursement under this agreement will amount to between $6,000 and
$9,000 annually.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management
Plan related to this action.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the
County Attorney's Office. This item is not quasi-judicial, and as such ex parte disclosure
is not required. This item requires majority vote only. This item is legally sufficient for
Board action. - CMG
RECOMMENDATION: That the Board of County Commissioners approve and
authorize the Chairman to sign Interlocal Agreement for Beach Maintenance between
Collier County. the City of Marco Island, and Hideaway Beach District.
PREPARED BY: Gail Hambright, CZM
~
Agenda Item No. 1607
April 14, 2009
Page 2 of 9
INTERLOCAL AGREEMENT FOR BEACH MAINTENANCE
THIS AGREEMENT ("Agreement"), is made and entered into this _ day of
, 2009, by and between Collier County, a political subdivision of the State
of Florida, ("County"), the City of Marco Island, a Florida municipal corporation, ("City"), and
the Hideaway Beach District, a dependent special district within the meaning of Ch, 189, Fla.
Stat., ("District").
RECITALS:
WHEREAS, the City of Marco Island and the Hideaway Beach District have requested
that Collier County Coastal Zone Management Department ("CZM") perform beach
maintenance for Hideaway Beach, and
WHEREAS, the City and the District have agreed to pay CZM for these beach
maintenance services.
NOW, THEREFORE, it is hereby agreed that CZM shall provide beach maintenance
activities as rnore specifically defined in this Agreement.
1. Effective Date. This Agreement shall become effective on the date signed below,
and unless otherwise modified by written agreement, will end one year from the effective
date. This Agreement shall be automatically renewed in one year increments unless
otherwise specified in writing.
2. Termination. Each party shall have the right to terminate this Agreement with or
without cause upon thirty days written notice to the other party.
3. Request for Maintenance. CZM shall provide beach maintenance services as
defined below on an "as needed" basis as requested by the City or the District. The City and
District shall request the work with 48 hours advance notice, except in the case of an
emergency, and then the City and District shall use best efforts to contactCZM with as
much notice as possible. (Attached maps defme the area.)
a. Beach maintenance shall include basic grooming and raking.
b. The City and District shall provide legal access to the County for all beach
maintenance services. The City and District shall be liable for any and .11
damage to any access areas provided and identified for the County's use.
c. The City and District shall be responsible for the legal disposal of all beach
trash whether natural or manmade.
4. Compensation. The City and District shall pay CZM for services rendered based on
the Fee Schedule attached hereto as Exhibit A. Payment for services rendered or due shall
be billed by CZM by the 7" day of each month and paid by the City and District in
compliance with the Local Government Prompt Payment Act, Ch. 218, Fla. Stat.
Agenda Item No. 1607
April 14, 2009
Page 3 of 9
,
a. eZM shall invoice the City and District as follows:
1. Work performed on an heurty basis.
2. Travel time shall be invoiced.
3. Mileage shall be charged at the prevailing rate for government
vehicles available on the U.S. General Services Administration
website (www.gsa.gov).
5. 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 hannless the
City and District against any actions, claims or damages arising out of Collier County's
negligence in connection with this Agrcoment, and the City and District shall indemnify,
defend and bold hannless Collier County against any actions, claims. or damages arising out
of the City and District negligence in connection with this Agreement. Thc foregoing
indemnification shall not constitute a waiver of sovereign immUlJity beyond the limits set
forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute
agrecment by any party to indemnify the other party for such other party's negligent. willful
oT intentional acts or omissions.
6. Easements. As needed, the City and District agree to process the necessary easements
from the property owners fronting on the project area and to grant the same rights under those
easements to the selected vendors and contractors for purposes of completing the project.
7. Notices. Any and all notices or other communications provided for herein shall bc given'
to the City. attention City Managcr. City of Marco Island, 50 Bald Eagle Drive, Marco Island,
FL 34145. Notice to the County, attention Gary McAlpin, Director Coastal Zone Management,
3300 SantaBarbara Blvd., Naples FL 34116.
8. This Agrcement represents the entire agreement and understandings between the parties
and thcre are no other agrcements 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.
IN WITNESS WHEREOF, the parties have caused this Beacb Maintenancc Intcrlocal
Agreement to bc cxecuted this _ day of
,2009.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
DATED:
A TIEST:
DWIGHT E. BROCK, Clerk
, Deputy Cieri<
By:
DONNA FIALA. Chairman
2
Approved as to fonn and
legal sufficiency:
@
.~
olleen M. Greene
Assistant County Attorney
ATIEST:
y~
o ,City Ierl<.
Approved as to form and
legal sufficiency:
n.. j' fiL;J
L;~ .
City Attorney
~SES'
(I) ,~tv-
Signature
~~, t'YleJA' ru-
. tedrr ed Name
}AMtLA Tb/&D
Printed!I'yped Name
Agenda Item No. 1607
April 14, 2009
Page 4 of 9
CITY OF MARCO ISLAND, FLORIDA
By. ZUt))ldb
, amnan
~lf~n.\-plcGY--
Signature ~
htbwtvh ;J.lvt d~
Printed!I'yped Name
(c4~alC<.- sLJ,~ t1YK-..-
Signature
St'\1IJD Ltl- !OX (t { 'L D H 0 'R. Ai
Printcd!I'yped Name
HIDE~CHD1STRICT
~~tt..
By: -q
, Chairman
3
Agenda Item No. 1607
April 14, 2009
Page 5 of 9
EXHIBIT "A"
Collier County Coastal Zone Management
Hourly Charges for Mechanical Beach Raking and Cleaning
Effective the date this document is approved the standard rate per hour for mechanical beach cleaning
will remain $75.00 per hour during normal business hours. Work requested before 7:00 AM or after 4:00
PM will be charged at the rate of $112.50 per hour. Work requested on Saturday, Sunday or any County
Holiday will be invoiced at $150.00 per hour.
This rate may be changed with a 45 Day notice to the respective parties.
Page J of I
Agenda Item No. 1607
April 14, 2009
Page 9 of 9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16D7
Item Summary:
Recommend that the Board of County Commissioners approve and authorize the Chairman
to sign an Interlo::al Agreement for Beach Maintenance between Collier County the City of
Marco Island, and Hideaway Beach District
Meeting Date:
4114/2009900.00 AM
Prepared By
Gail Hambright
Administrative Assistant
Date
Public Services
Coastal Zone Management
3/23/200912:46:24 PM
Approved By
Colleen Greene
Assistant County Attorner
Date
County Attorney
County Attorney Office
3123120094,19 PM
Approved By
Kathy Carpenter
Executive Secretary
Date
Public Services
Public Services Admin.
3/2412009 3,03 PM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
3i24/2009 4:29 PM
Approved By
Lyn Wood
Purchasing Agent
Date
Administrative Services
Purchasing
3f25t2Q0910:52 AM
Approved By
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attorney Office
3127120094,17 PM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
4/1/2009 8,47 AM
Approved By
OMS Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
4/1/20099:22 AM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4/212009 12,59 PM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
412120096,01 PM