Agenda 10/08/2019 Item #11G (Evergaldes City Outstanding Invoice)10/08/2019
EXECUTIVE SUMMARY
Recommendation to provide direction to the County Manager regarding the outstanding invoice in
the amount of $326,178.24 for relocating the City of Everglades’ utilities during the replacement of
the Chokoloskee Bridge.
OBJECTIVE: To settle an outstanding invoice that Collier County issued to the City of Everglades in
the amount of $326,178.24 for the relocation of utility lines that belong to the City during the replacement
of the Chokoloskee Bridge (Project No. 66066).
CONSIDERATIONS: On January 12, 2016 the Collier County Board of Commissioners and Everglades
City entered into an interlocal agreement concerning the reimbursement for the relocation of the City’s
utility lines required for the replacement of the Chokoloskee Bridge (Project No. 66066), approved by the
BCC under item 16A28.
By State Statue 337.403(1) it is the responsibility of the owner of the utility infrastructure to move the
lines that are conflicting with a construction project. The parties agreed to include this work in the
County’s project and subsequently invoice the City of Everglades for the cost incurred. The final amount
after completion of the project on October 22, 2018 totaled $326,178.24.
Collier County issued invoice No. 65471 on January 14, 2019 to the City of Everglades, followed by a
certified second notice on April 17, 2019, a certified third notice on July 2, 2019 and a certified fourth
notice on September 3, 2019, however the invoice remains unpaid to date. The County Manager received
a letter from the City of Everglades on September 25, 2019 asking for forgiveness of the debt.
Staff believes there are two viable options that are available to the Board: the debt could be forgiven, or
the Board could offer the City of Everglades favorable terms to repay the debt over time.
FISCAL IMPACT: Option A - The development of a payment plan would result in the collection of
$326,178.24 for utility relocation, plus any agreed upon interest from City of Everglades via periodic
invoice payments posted within Gas Tax Fund (313), Project 66066.
Option B -Forgiveness of the debt would result in the County bearing the cost of utility relocation in the
amount of $326,178.24. This expense was paid utilizing funds budgeted within Gas Tax Fund (313),
Project 66066.
The maintenance responsibility for these utilities belongs to the City of Everglades.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. Failing a
voluntary resolution of this matter, Chapter 164, Florida Statutes, known as the Florida Governmental
Conflict Resolution Act, provides the required process for the resolution of disputes between two local
governments. Briefly stated, the statute requires (1) the parties negotiate the dispute, failing which (2) the
parties conduct joint public meetings to discuss the dispute, failing which (3) the parties engage in
mediation, failing which (4) the parties may pursue their legal rights in Court. With that noted, this item
is approved as to form and legality, and requires majority vote for Board approval. -JAK
GROWTH MANAGEMENT IMPACT: This action has no growth management impact.
RECOMMENDATION: To provide direction to the County Manager for either one of the following
options:
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. Option A: Direct the County Manager to negotiate a payment plan with the City of Everglades to
reimburse Collier County over time or
. Option B: forgive the debt and bear the cost of relocating the City’s utilities.
Prepared By: Jay Ahmad, P.E., Director Transportation Engineering Division, Growth Ma nagement
Department
ATTACHMENT(S)
1. Interlocal Agreement City of Everglades 1-12-16 (PDF)
2. Invoice 65471 City of Everglades issued 1-14-19 (PDF)
3. Notice to relocate utilities 8-23-16 (PDF)
4. Letter from Mayor City of Everglades 9-25-19 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.G
Doc ID: 10336
Item Summary: Recommendation to provide direction to the County Manager regarding the
outstanding invoice in the amount of $326,178.24 for relocating the City of Everglades’ utilities during
the replacement of the Chokoloskee Bridge. (Jay Ahmad, Transportation Engineering Director)
Meeting Date: 10/08/2019
Prepared by:
Title: Executive Secretary to County Manager – County Manager's Office
Name: MaryJo Brock
09/27/2019 11:18 AM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
09/27/2019 11:18 AM
Approved By:
Review:
Office of Management and Budget MaryJo Brock Level 3 OMB Gatekeeper Review Skipped 09/27/2019 11:11 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/27/2019 11:21 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/29/2019 7:57 AM
Board of County Commissioners MaryJo Brock Meeting Pending 10/08/2019 9:00 AM
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Packet Pg. 414 Attachment: Interlocal Agreement City of Everglades 1-12-16 (10336 : Chokoloskee Bridge)
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Packet Pg. 415 Attachment: Interlocal Agreement City of Everglades 1-12-16 (10336 : Chokoloskee Bridge)
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Packet Pg. 416 Attachment: Interlocal Agreement City of Everglades 1-12-16 (10336 : Chokoloskee Bridge)
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Packet Pg. 417 Attachment: Interlocal Agreement City of Everglades 1-12-16 (10336 : Chokoloskee Bridge)
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Packet Pg. 418 Attachment: Interlocal Agreement City of Everglades 1-12-16 (10336 : Chokoloskee Bridge)
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Packet Pg. 419 Attachment: Interlocal Agreement City of Everglades 1-12-16 (10336 : Chokoloskee Bridge)
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Packet Pg. 420 Attachment: Interlocal Agreement City of Everglades 1-12-16 (10336 : Chokoloskee Bridge)
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Packet Pg. 421 Attachment: Interlocal Agreement City of Everglades 1-12-16 (10336 : Chokoloskee Bridge)
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Packet Pg. 422 Attachment: Invoice 65471 City of Everglades issued 1-14-19 (10336 : Chokoloskee Bridge)
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Packet Pg. 423 Attachment: Notice to relocate utilities 8-23-16 (10336 : Chokoloskee Bridge)
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Packet Pg. 424 Attachment: Notice to relocate utilities 8-23-16 (10336 : Chokoloskee Bridge)
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Packet Pg. 425 Attachment: Notice to relocate utilities 8-23-16 (10336 : Chokoloskee Bridge)
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Packet Pg. 426 Attachment: Letter from Mayor City of Everglades 9-25-19 (10336 : Chokoloskee Bridge)