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Backup Documents 09/24/2019 Item #16A15 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A 1 5 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 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. 2. 3. County Attorney Office County Attorney Office , L•41`.(\kms 4. BCC Office Board of County Commissioners V6\\y�l� 5. Minutes and Records Clerk of Court's Office / r' (011,41 to I 2Rkw, 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 Michele Mosca, Stormwater Management Phone Number 252-2466 Contact/Department Agenda Date Item was 9/24/19 Agenda Item Number 16-A-15 Approved by the BCC Type of Document Agreement—Wagon Wheel Road Number of Original 1 Attached Documents Attached PO number or account number if document is 103-172927-649030 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 JAK 2. Does the document need to be sent to another agency for additional signatures? If yes, JAK 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 JAK 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 JAK 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 JAK 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 JAK signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip JAK 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 9/24/19 and all changes made during the JAK N/A is not meeting have been incorporated in the attached document. The County Attorney's an option for Office has reviewed the changes,if applicable. th�' ,line. 9. Initials of attorney verifying that the attached document is the version approved th1 1 kit k/A`i not BCC,all changes directed by the BCC have been made,and the document is rea y for44.‘ , option for Chairman's signature. � 's.' e. '` h�Q [04-COA-01081/1344830/1]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 16A15 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Tuesday, October 22, 2019 9:00 AM To: MoscaMichele Subject: Item #16A15 (9-24-19 BCC Meeting) Attachments: Item #16A15 (9-14-19 BCC Meeting).pdf Good Morning Michele, A (recorded) copy of Agenda Item #16A15, from the Board's September 2.4, 2.019 Meeting is attached for your records. Page 2 details the recording charges. Thank you have a great day! r Ann Jennejohn BMR Senior Deputy Clerk Clerk to the Value Adjustment Board Office: 239-252-8406 Fax: 239-252-8408(if applicable) Ann.Jennejohn@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County 3299 Tamiami Trail, Suite#401 Naples, FL 34112-5324 www.CollierClerk.com 1 INSTR 5777446 OR 5684 PG 581 RECORDED 10/14/2019 3:01 PM PAGES 6 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$52.50 AGREEMENT THIS AGREEMENT(hereinafter referred to as the"Agreement") is made and entered into this2eof Sey-�, sr; 2019, by and between COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "COUNTY") and the BIG CYPRESS NATIONAL PRESERVE,a federal agency within the National Park Service and under the United States Department of the Interior (hereinafter referred to as "BCNP"), whose address is 33100 Tamiami Trail East, Ochopee, Florida 34141. RECITALS: WHEREAS, the BCNP received funding in the amount of$100,000.00 from the South Florida National Parks Trust (SFNPT) to help correct hydrologic conditions on the wetlands and watersheds of a portion of the BCNP, near Upper Wagon Wheel Road, located in eastern Collier County, Florida; and WHEREAS, despite prior re-diversion efforts in the 1990s to restore water flow to the wetlands and watersheds of a portion of the BCNP, the water delivery system remains deficient as roadbeds continue to block and prevent water from recharging wetlands with sufficient sheet flow on the downstream sides of the roads; and WHEREAS, the BCNP and the COUNTY have a shared interest in the restoration of water flow to the wetlands and watersheds, including but not limited to: (1)the project's location within and alongside the right-of-way of county-owned roads, (2)the mutual goal of rehydrating wetland and stream systems within conservation lands negatively affected by road and canal infrastructure, (3) the desire to prevent damaging high water overtopping roadways, and (4) the benefits of dual agency project cost savings, (5) improving outdoor educational opportunities administered in the local catchment; and WHEREAS, the BCNP and the COUNTY have the experience, resources and expertise to combine efforts and jointly submit permit applications and to apportion construction and maintenance responsibilities amongst themselves as project partners on the Upper Wagon Wheel Road Sheet Flow Project (hereinafter, the "Project") as more fully set forth below; and WHEREAS, the BCNP and COUNTY have determined and mutually agree that it is economically advantageous and in the best interest of the public to consummate this Agreement to help correct the hydrologic conditions in the wetlands and watersheds of a portion of the BCNP, WITNESSETH: NOW, THEREFORE, in consideration of the above promises and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above recitals are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, CAO 16A15 2. This Agreement shall be executed upon approval by the Board of County Commissioners and by an authorized representative of the BCNP. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the Agreement is fully executed. The County shall pay all costs of recording this Agreement._ 3. The Parties will perform as follows: A. BCNP and the COUNTY shall be co-applicants on the joint permit application for the Project. BCNP shall be responsible for 100 percent of the permitting, including providing additional information as required during permit review and any mitigation obligations that may arise during review. B. BCNP shall be fully responsible for the canal infilling aspect of the Project, which shall include, without limitation, (1) the installation and maintenance of a canal plug within the Birdon or "Getaway" Canal, located adjacent to Birdon Road, and (2) improvements to the existing canal plugs network in the Upper Wagon Wheel Canal. BCNP will also be responsible for supplying all pipe,rip-rap and other materials necessary to complete the work. C. County shall be responsible for all equipment and labor necessary for the installation of triple 24-inch, high density polyethylene (HDPE) culverts, at five (5) locations on Upper Wagon Wheel Road, estimated to require about three (3) months of work time, and for future maintenance of the installed culverts. A copy of the Overview Map of the Upper Wagon Wheel Sheet Flow Project identifying the existing and proposed culvert locations is attached hereto as Exhibit"A." 4. BCNP and COUNTY will assign their below designated contract representatives to coordinate going forward and to synchronize the management of their respective responsibilities on the permitting and construction of the Project: BCNP: COUNTY: Tony Pernas, Chief of Resource Mgmt. Michele R. Mosca, AICP, Principal Planner National Park Service Growth Management Department Big Cypress National Preserve Stormwater Management Section 33100 Tamiami Trail E. 2865 S. Horseshoe Drive, Ste. 103 Ochopee, Florida 34141 Naples, FL 34104 5. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. The parties, however,may amend this Agreement to provide further specificity, if necessary, once the Page 2of 6 1 6 A 15 permitting process is concluded and the plans and details regarding procurement and construction are more fully known. 6. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by their respective agencies. 7. This Agreement shall remain in full force and effect from the date first above written and shall terminate upon the completion of services and responsibilities outlined herein as mutually performed by BCNP and by COUNTY to the written satisfaction each to the other. 8. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. STANDARD CLAUSES A. Civil Rights During the performance of this Agreement, the participants agree to abide by the terms of U,S. Department of the Interior - Civil Rights Assurance Certification, non-discrimination and will not discriminate against any person because of race, color, religion, sex, or national origin. The participants will take affirmative action to ensure that applicants are employed without regard to their race, color, sexual orientation, national origin, disabilities, religion, age, or sex. B. Promotions The County will not publicize, or otherwise circulate, promotional material (such as advertisements, sales brochures,press releases,speeches, still and motion pictures,articles, manuscripts or other publications) which states or implies Governmental, Departmental, bureau, or Government employee endorsement of a product, service, or position which the repository represents. No release of information relating to this Agreement may state or imply that the Government approves of the County's work product, or considers the Count's work product to be superior to other products or services. C. Public Information Release 1. Public Information (a) The County will not publicize or otherwise circulate promotional material (such as advertisements, sales brochures, press releases, speeches, pictures, still and motion pictures, articles, manuscripts or other publications) which states or implies Federal Government, Departmental, bureau, or Federal Page 3 of 6 CAC 16A15 Government employee endorsement of a product, service, or position which the [Partner] represents. No release of information relating to this Agreement may state or imply that the Federal Government approves of the work product of the [Partner] or considers the [Partner's] work product to be superior to other products or services. (b) The County will ensure that all information submitted for publication or other public releases of information regarding this project will carry the following disclaimer: "The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the opinions or policies of the U.S. Government. Mention of trade names or commercial products does not constitute their endorsement by the U.S. Government." (c) The County will obtain prior NPS approval from the regional public affairs office for any public information release that refers to the Department of the Interior, any bureau or employee (by name or title), or to this Agreement. The specific text, layout, photographs, etc., of the proposed release must be submitted to the Agreement's technical representative, who will forward such materials to the public affairs office, along with the request for approval. (d) The County agrees to include the above provisions of this Article in any sub-award to any sub-recipient, except for a sub-award to a state government, a local government, or to a federally recognized Indian tribal government. 2. Publications of Results of Studies No party will unilaterally publish a joint publication without consulting the other party. This restriction does not apply to popular publication of previously published technical matter. Publications pursuant to this Agreement may be produced independently or in collaboration with others; however, in all cases proper credit will be given to the efforts of those parties contributing to the publication. In the event no agreement is reached concerning the manner of publication or interpretation of results, either party may publish data after due notice and submission of the proposed manuscripts to the other. In such instances, the party publishing the data will give due credit to the cooperation but assume full responsibility for any statements on which there is a difference of opinion. Remainder of Page Intentionally Left Blank Signature Page to Follow Page 4 of 6 16A15 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. NATIONAL PARK VICE BIG CYPRESS NATIONAL PRESERVE f By: -'" . A_; ---) gri IL 1 i0 C,C pit)) Chk"- iej\der.,:.. 11.4,1 4 Loc:kric.,4 Print Name and Title First Witness: 1110 e/ Print Name: 4,_c.r/041/ I), ��VI6E� Second Witness so ,r ' / r Print Name: ,0 l r-' V • C b OC?''.1-. '�t ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KLNZEL, Clerk COLLIER C . FLORIDA ( )Alr BY w aiLti.AH''' L�f .. BY �.l.���.�. ' t De u lerk illiam L. McDaniel,Jr. A ttest as tot % n s Chairman tignature only. Approve I s ib /1 • ega ity: Jeffrey A. .4 atz•`4,W, County Attorney Page 5 of 6 Exhibit A 16 A 15 Overview of Existing and Proposed Culvert Locations , ' _1;, t ; _ ':i; ' '' Middle ppe :,a1 *' Wagon Plate wast>;Ppef , r---1i ,,i ,u _ Wa.onPlate 1/2 mile r ` rit- j culvert .>I*Ft; _j,._._ ,j j M1 , bridge ti�f Upper water flow 0.114 I ;• Wagon Wheel earthen Road c canal plug 0 North a private Birdon m 0-+v • property Plate • inholdings cea, • >_ rr. Lower iv Wagonwheel Road 1- s •-I-I—I I • Google Earth Master Upper Wagon Wheel Plate - Existing Condition tt N Midd a Uppe 11n Wagon Plate • ast Ipper . <-, ,f , "lin,. • - Won Plate ," i r <.. • .sio , ,, ' , b proposed 41 PI= _proposed new'. F" yt • ".�f" '' E f W1�e -cuivertl atipn r+Hlaoposed ngv Upper clealplu§"-. , Wagon Wheel location X . Road `o Existing orth v j culvert 03 Birdon "-I'o 'bridge Plate t0 • tY water flow outocc educatic • > earthen canal plug Lower Wagonwheel private Road = •property F- inholdings I-I=I i • Google Earth Master Upper Wagon Wheel Plate - Proposed Condition C