Backup Documents 02/25/2020 Item #16D 7 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 7
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 n �n �I^'�
4. BCC Office Board of County ,? Y I �V
Commissioners
5. Minutes and Records Clerk of Court's Office �Py 3)a/I5).9-P-03,311
fivx
PRIMARY CONTACT INFORMATION J
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 Matthew Catoe Contact Information 239-252-4059
Contact/ Department
Agenda Date Item was 2/25/2020 Agenda Item Number 16.D1-
Approved by the BCC
Type of Document Agreement Number of Original 1
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 colu r , •never is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature STAMP O' N/A
2. Does the document need to be sent to another agency for addi:•nal s': .tures? If yes, N/A
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 MC
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 111C N (.n
Office and all other parties except the BCC Chairman and the Clerk to the Board 1
5. The Chairman's signature line date has been entered as the date of BCC approval of the MC
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 MC
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
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 2/25/2020 and all changes made during N/A is not
the meeting have been incorporated in the attached document. The County an option for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the /A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the n option for
Chairman's signature. this line.
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MEMORANDUM
Date: March 3, 2020
To: Matt Catoe, Operations Analyst
Parks & Recreation
From: Teresa Cannon, Senior Deputy Clerk
Boards Minutes & Records Department
Re: Agreement w/Audubon Florida and Audubon of the Western
Everglades
Attached is a scanned copy of the document referenced above (Item #16D7),
approved by the Board of County Commissioners on Tuesday, February 25, 2020.
The original is being held in the Minutes & Department as part of the Board's •
Official Records.
If you have any questions, please contact me at 252-8411.
Thank you.
Attached
1607
AGREEMENT BETWEEN
COLLIER COUNTY AND
AUDUBON FLORIDA and AUDUBON OF THE WESTERN EVERGLADES
THIS AGREEMENT is made and entered into thisZ**day offAykol, 2020, by the
Board of County Commissioners of Collier County, Florida("COUNTY"), Audubon Florida and
Audubon of the Western Everglades, which are Florida not for profit corporations ("AUDUBON
ORGANIZATIONS").
WITNESSETH:
WHEREAS, the Collier County Board of County Commissioners, on behalf of the Parks
and Recreation Division, seeks to enter into an Agreement with the Audubon organizations to
allow them to provide collaborative coastal habitat and wildlife conservation and public outreach
on COUNTY beaches; and
WHEREAS, Audubon Florida and Audubon of the Western Everglades are two Florida
not-for-profit environmental organizations committed to protecting Southwest Florida's
environment specifically including shorebirds and other migratory birds visiting this area; and
WHEREAS, the Audubon organizations have requested the opportunity to observe
protected species at Clam Pass Park, post signs, provide visitor education to beachgoers and
boaters, and collaborate with the County on conservation of the habitat and wildlife on Collier
beaches;and
WHEREAS, the County and the Audubon organizations wish to enter into this
Agreement to allow the Audubon organizations to conduct its bird conservation and education at
County parks, including specifically Clam Pass Beach Park; and
NOW THEREFORE, in consideration of these premises, and other good and valuable
consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed
by and between the parties as follows:
1. All of the above recitals are true and correct and hereby expressly incorporated
herein by reference as if set forth fully below and made a part of this Agreement.
2. As set forth below,the COUNTY will allow the Audubon organizations to conduct
their bird conservation and education programs at COUNTY parks without charge.
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The Audubon organizations may set up small shade structures on the beach or on
park grounds to limit sun exposure to their volunteers and program participants.
3. The Audubon organizations agree to require background checks consistent with
COUNTY employee background standards for its volunteers and provide
documentation to the Parks and Recreation Division confirming that said
background checks have been conducted for each volunteer interacting with the
public.
4. The COUNTY agrees to collaborate with the Audubon organizations on efforts to
protect beach habitats and wildlife, as well as public education, as resources allow.
5. The COUNTY agrees to allow the Audubon organizations to place educational
signs at the beach park facility in a location to be determined by the Parks and
Recreation Division in consultation with the Audubon organizations' biologists and
its own expert staff.
6. The COUNTY agrees to allow the Audubon organizations to distribute its
brochures at the COUNTY beach park facility. The brochures may be developed
and funded in full by the Audubon organizations or in collaboration with the
COUNTY.
7. The COUNTY agrees to work with the Audubon organizations to install or create
protective barriers between members of the public and the protected shore birds
which may also help attract public attention to County and Audubon-provided
wildlife viewing interpretation, and engagement in community science activities
such as band reading. Said barriers are subject to approval by the Director of Parks
[04-PKR-0111371507518121 2
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and Recreation or his or her designee. Said harriers shall not prevent the public's
enjoyment of the beach.
8. To promote scheduling the availability of the COUNTY beach park facility, the
Audubon organizations shall provide the Director of Parks and Recreation or his or
her designee with an annual schedule of the programs it proposes to conduct at the
County beach park facility on or before October 1st for each calendar year (or one
week prior to its first scheduled program)whichever is earlier.
9. The Audubon organizations shall provide adequate personnel and/or volunteers to
supervise its sponsored programs held at the COUNTY beach park facility. Upon
request, evidence of the completion of this requirement shall be provided to the
COUNTY.
10. The Audubon organizations shall not be allowed to alter or modify the County Park
Facilities, in any fashion, without the prior express written consent of the Director
of Parks and Recreation or his or her designee.
11. The Audubon organizations shall not display signs, banners or posters on the
County Park Facilities without the prior written approval by the Director of Parks
and Recreation or his or her designee. Any such authorization shall expressly
include that the display of any signs, banners or posters is subject to, and shall be
in conformity with,any applicable County codes.
12. In the event of a conflict between COUNTY and the Audubon organizations as to
the availability of the County Park Facilities, COUNTY park programs shall take
priority. The COUNTY will notify the Audubon organizations 30 days in advance
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of any scheduled programs that may conflict with its use of the County Park
Facilities.
13. Any licensing, permitting, or other fees for any Audubon-sponsored activities,
events, and/or the programs shall be paid by the Audubon organizations unless
conducted as joint programs with the county.
14. Program participants are required to pay any applicable COUNTY beach park
facility fees including parking fees.
15. The Audubon organizations shall maintain general liability insurance in the
minimum of one million dollars ($1,000,000.00) per occurrence. The Board of
County Commissioners of Collier County, Florida, shall be listed as an Additional
Insured on the comprehensive general liability policy. A Certificate of Insurance
shall be presented to the COUNTY prior to the commencement of this Agreement.
Current, valid insurance policies meeting the aforementioned requirement shall be
maintained by the Audubon organizations for the duration of this Agreement.
Renewal certificates shall be sent to the COUNTY thirty (30) days prior to any
expiration date. •
16. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws. The coverage
must include Employers' Liability with a minimum limit of $100,000 for each
accident.
17. To the maximum extent permitted by Florida law, the Audubon organizations
agree to release from liability, indemnify and hold harmless the COUNTY, its
officers, agents and employees from any all claims, liabilities, damages, losses and
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costs, including but not limited to, reasonable attorneys' fees and paralegals' fees,
brought by or on behalf of the Audubon organizations, or by any other person or
legal entity, resulting from the Audubon organizations' use of the COUNTY's
property or premises under this Agreement. This indemnification obligation shall
not be construed to negate, abridge or reduce any other rights or remedies that
otherwise may be available to an indemnified party or person described in this
paragraph.
18. Audubon Florida and Audubon of the Western Everglades further agree to protect,
defend, indemnify, and hold the COUNTY, its officers, employees and agents free
and harmless from all charges, professional fees or other expenses or liabilities of
every kind and character in connection with or arising directly or indirectly under
this Agreement and such obligation shall not be limited in any way by the
Audubon organizations' limit of or lack of sufficient insurance protection.
19. Either party may terminate this agreement without cause by providing written
notice thirty (30) days in advance of termination. Any alterations or modifications
to the County Park Facilities made by the Audubon organizations may be required
by COUNTY to be removed by them at their cost prior to termination.
20. This initial term of this agreement will be for five (5) years. The Parties may
extend the Agreement under all of the same terms and conditions contained in this
Agreement for one (1) additional term of five (5) years. Terms of this agreement
will be negotiable after ten(10)years.
104-PKR-011131150751812] 5
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials,as of the date first above written.
AS TO THE COUNTY:
ATTEST:7 fivl' BOARD OF COUNTY COMMISSIONERS
ct)rS'tAL K:ovEL, CLERK COLLIER COUNTY,FLORIDA
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x, ;;;t lst14lsy).� Clerk Burt L. Saunders,Chairman
AppV400 o form and legality:
i( I/ , 11/070b___Q____
Colleen M. Greene
Managing Assistant County Attorney
AUDUBON FLORIDA AUDUBON OF THE WESTERN EVERGLADES
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