Backup Documents 02/24/2009 Item #10EORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP JOE
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
(Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The
completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on
the item.
ROUTING SLIP
Complete routing lines # 1 through #4 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 41 through 44, complete the
checklist, and forward to Sue Filson (line #5).
Route to Addressee(s)
(List in routing order)
Office
Initials
Date
I.
appropriate.
(Initial)
Applica ble)
2.
2/24/09
Agenda Item Number
10E
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
4.
Memorandum of Agreement
Number of Original
2
5. Sue Filson, Executive Manager
Board of County Commissioners
Documents Attached
6. Minutes and Records
Clerk of Courts Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of ate addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Brandy Otero
Phone Number
252 -5859
Contact
appropriate.
(Initial)
Applica ble)
Agenda Date Item was
2/24/09
Agenda Item Number
10E
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Memorandum of Agreement
Number of Original
2
Attached
resolutions, etc. signed by the County Attorney's Office and signature pages from
Documents Attached
INSTRUCTIONS & CHECKLIST
I. Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip
W WS Original 9.03.04
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applica ble)
1.
Original document has been signed /initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
5.
In most cases (some contracts arc an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
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!
6.
The document was approved by the 13CC on .. p4n, and all changes made during the
i'
meeting have been incorporated in the attached'document. The County Attorney's Office
/ jV l�U
has reviewed the changes, if a licable.
'V
I. Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip
W WS Original 9.03.04
JOE
MEMORANDUM
Date: March 4, 2009
To: Brandy Otero, Operations Analyst
Trans /Stormwater Management
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Memorandum of Agreement between Collier County &
FDEP Office of Coastal & Aquatic Managed Areas (LAMA)
Attached you will find two (2) original agreements, referenced above,
(Agenda Item #I OE), which was approved by the Board of County
Commissioners on Tuesday, February 24, 2009.
After forwarding to the appropriate party for signatures, please return a fully
executed original to the Minutes and Records Department so it may be kept as
part of the Board's permanent record.
If you have any questions, please call me at 252 -8406.
Thank you.
Enclosure
Retn: 4284991 OR; 4445 PG; 0397 RIC FEE 44.00
CLERK TO THE BOARD RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL COPIES 5.00
INTEROFFICE 4TH FLOOR 04/1712009 at 03:38FN DWIGHT B. BROCE, CLERK NISC 2.00
BIT 7240
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION 0
OFFICE OF COASTAL AND AQUATIC MANAGED AREAS and
COLLIER COUNTY. FLORIDA
MEMORANDUM OF AGREEMENT NUMBER Rft Q_W
This MEMORANDUM OF AGREEMENT (hereinafter referred to as the AGREEMENT)
as entered into between the Florida Department of Environmental Protection (hereinafter referred to
as DEPARTMENT) by and through its Office of Coastal and Aquatic Managed Areas (hereinafter
referred to as LAMA), and Collier County, a political subdivision of the State of Florida
(hereinafter referred to as the COUNTY);
WHEREAS, CAMA manages those portions of Rookery Bay National Estuarine Research
Reserve (hereinafter referred to as the RBNERR) described in Lease No. 3682 from the Board of
Trustees of the Internal Improvement Trust Fund of the State of Florida;
WHEREAS, the DEPARTMENT and the COUNTY have agreed to combine efforts to
conduct hydrological restoration, place culverts, backfill ditches, and conduct road reconstruction
for Shell Island Road (hereinafter referred to as the PROJECT);
WHEREAS, the COUNTY has the experience, resources, and expertise to administer the
PROJECT and the COUNTY has agreed to assume administration of the PROJECT, which includes
formal quotation allowing the DEPARTMENT to piggyback Contract # 08 -5011 "Annual Contract
for Underground Utility Contractor Services" in accordance with Section 35 of said contract, which
provides for a competitive process and utilize the service of the lowest responsive contractor
(hereinafter referred to as CONTRACTOR) for construction services of the PROJECT;
WHEREAS, CAMA has secured design plans and technical specifications from Barkley
Consulting Engineers, Inc. (hereinafter referred to as CONSULTANT) for the PROJECT and the
COUNTY and the CONTRACTOR will construct the PROJECT in accordance with the
CONSULTANT'S plans;
WHEREAS, CAMA and the COUNTY may agree to undertake future improvement of Shell
Island Road within and related to the scope of the original Project, this agreement may be amended
to incorporate design, engineering, and construction specifications and to provide for administration
of the PROJECT;
WHEREAS, easements from the COUNTY, the Conservancy of Southwest Florida, the
National Audubon Society, Inc., and Raymond E. Carroll, Trustee of the Bear Hammock Land Trust
have been issued to the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida, c/o the DEPARTMENT, and authorize the DEPARTMENT and the DEPARTMENT'S
heirs, successors and assigns to use certain lands to accomplish the PROJECT;
WHEREAS, this AGREEMENT delegates administration of the PROJECT to the COUNTY
and provides for procedures by which invoicing and payment will be made to the CONTRACTOR
by the DEPARTMENT, through CAMA.
MEMORANDUM OF AGREEMENT
PAGE Iof5
OR; 4445 PG; 0398
IN
NOW THEREFORE in consideration of the mutual covenants contained herein the DEPARTMENT
and the COUNTY agree as follows:
a. The PROJECT consists of demolition of the existing cross -drain structures; all
cutting, filling and compacting of fills and grading required to bring the entire project area
to grades specified in the technical specifications; the removal and replacement of
reinforced concrete culverts allowing for surface water flow; and such further work as is
outlined in the design plans and specifications, including but not limited to backfilling the
existing borrow ditch, rebuilding the existing roadway with embankment material and
compacted limerock, and constructing a temporary silt fence for the length of the project as
per plans.
b. The PROJECT is located within Rookery Bay National Estuarine Research Reserve
in Collier County and is funded by U.S. Fish and Wildlife Service grant funds. The
COUNTY has agreed to serve as administrator of the PROJECT and will solicit competitive
formal quotations pursuant to COUNTY Purchasing Policy, evaluate such formal quotations
in consultation with CAMA's Project Manager, provide onsite project management, and to
assume the role of contract manager.
C. The DEPARTMENT, through LAMA, agrees to provide 100% funding, not to
exceed $500,000, for the PROJECT and shall provide payment for approved invoices
submitted directly from the CONTRACTOR to the DEPARTMENT. The DEPARTMENT
shall remit payment directly to the CONTRACTOR in accordance with the Local
Government Prompt Payment Act, Florida Statutes § 218.70. The COUNTY agrees to work
in conjunction with CAMA for evaluation of formal quotations, contract drafting, inspection
of work to approve pay requests, and final approval and contract closure procedures. The
COUNTY understands that the entirety of the construction activity must be complete by
March 31, 2009 pursuant to CAMA's grant agreement. The life of the PROJECT under this
AGREEMENT may be extended upon execution of any subsequent amendments to this
AGREEMENT. The parties expressly agree that the provisions of this AGREEMENT shall
survive and be enforceable beyond the expiration date of this AGREEMENT.
2. The COUNTY shall perform the following services for the PROJECT:
The COUNTY shall be responsible for the performance of all services necessary to secure
and evaluate formal quotations for construction of the PROJECT and to provide construction
project management for the PROJECT pursuant to DEPARTMENT Permits.
3. The DEPARTMENT shall provide the funds to accomplish the services set forth in
Paragraph 1. This AGREEMENT may be amended to incorporate future construction
services within the scope of the PROJECT's plans and specifications, if determined
necessary by the parties, through a separate written instrument.
4. The COUNTY shall fully administer the services set forth in Paragraph 1 and 2, above.
Construction services and any additional design and permitting shall be fully administered
by the COUNTY and shall follow all competitive formal quotation procedures and state,
federal and local laws. CAMA shall review the formal quotations with the COUNTY prior
MEMORANDUM OF AGREEMENT
PAGE 2of5
OR; 4445 PG; 0399
l0E
to the issuance of a contract. The contract shall be drafted with collaboration from CAMA
and the DEPARTMENT's Office of General Counsel to include all state and federally
mandated clauses and forms, if applicable.
5. This AGREEMENT shall become effective on the date of execution by both parties and
shall terminate on March 31, 2009, unless extended for good cause upon agreement by the
COUNTY and the DEPARTMENT. The Parties understand and agree that the Project shall
not commence until all permits are obtained; notwithstanding the abbreviated completion
date.
6. All PROJECT design changes, notices, and other future activities shall be directed to the
Project Managers for written concurrence, appropriate action, or disposition as identified
below:
CAMA's Project Manager:
Randy McCormick
FDEP/Rookery Bay NERR
Assistant Manager
300 Tower Road
Naples, FL 34114
(239) 417 -6310
The COUNTY's Project Manager:
Gerald Kurtz
Road Maintenance Dept., Stormwater
Principal Project Manager
2885 S. Horseshoe Drive
Naples, FL 34104
(239) 252 -8192
Any formal notice arising under this AGREEEMENT to either party shall be made in
writing to the Project Managers at the addresses above. Any approvals required for
construction, contracting, invoicing, or payment shall be from the above -cited Project
Managers and shall not be accepted from any other individual unless designated as designee.
Any change in either the COUNTY or CAMA's Project Manager shall be noticed to the
other party at the address listed above within ten (10) days of such change.
The DEPARTMENT and COUNTY shall have joint responsibility for testing, monitoring,
and post - construction activities required under permits and called for in the technical
specifications.
Both parties agree to be fully responsible for their own acts of negligence, or their respective
agents' acts of negligence when acting within the scope of their employment, and agree to be
liable for any damages resulting from said negligence to the extent permitted by Section
768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign
immunity by either the COUNTY or the DEPARTMENT. Nothing herein shall be construed
as consent by the COUNTY or the DEPARTMENT to be sued by third parties in any manner
arising out of this AGREEMENT. The DEPARTMENT further expressly covenants and
agrees to refrain from bringing suit or proceedings at law, in equity, or administratively and,
to the extent allowable by law, to indemnify and hold the COUNTY harmless, on account of
any and all such claims, demands, actions or causes of action related to any acts of
negligence or violations of law committed by the DEPARTMENT's contractor while
working on the Project.
MEMORANDUM OF AGREEMENT
PAGE 3 of 5
OR; 4445 PG; 0400
10E
8. This AGREEMENT may be terminated by either party upon thirty (30) days written notice
if conditions arise, such as lack of available funding, which dictates that it is in the public
interest to terminate. This document embodies the whole agreement between the parties.
There are no promises, terms, conditions or allegations other than those contained herein
and this document shall supersede all previous communications, representations and/or
agreement, whether written or verbal, between the parties hereto. This AGREEMENT may
be modified only in writing executed by all parties. This AGREEMENT shall be binding
upon the parties, their successors, assigns and legal representatives.
9. Prior to its effectiveness, this AGREEMENT and subsequent amendments thereto must be
filed and recorded with the Clerk of the Circuit Court of Collier County.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
MEMORANDUM OF AGREEMENT
PAGE 4 of 5
* ** OR; 4445 PG; 0401 * **
10E
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly
authorized officers, and their officials seals hereto affixed, the day and year first above written.
COLLIER COUNTY, a political
Department of Environmental Protection subdivision of the State of
Office of Coastal and Aquatic Managed Areas Florida
By: By:_
Lee EdWiston, Director Don a Fiala
Or Designee County Commission Chairman
ATTEST: q Pop
DWIGHT E. B#20CK, CLERK .;
ATTEST: WITNESS:
e "e" I .
Attest ii>}.. to 101699 r ~s
B By:
APPROVED AS TO FORM: APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
By: By: ff Attor Office of County Attorney
MEMORANDUM OF AGREEMENT
PAGE 5 of 5