Agenda 02/08/2022 Item #16A 9 (Interlocal Agreement w/City of Naples for Median Landscape)02/08/2022
16.A.9
EXECUTIVE SUMMARY
Recommendation to approve and execute an Interlocal Agreement between Collier County and the
City of Naples concerning Landscape Maintenance for certain County medians within or adjacent
to the city limits of the City of Naples at no cost to the County, and authorize the Chairman to sign
and execute the Agreement.
OBJECTIVE: To approve and execute an Interlocal Agreement between Collier County and the City of
Naples concerning Landscape Maintenance for certain County medians within or adjacent to the city
limits of the City of Naples at no cost to the County, authorize the Chairman to sign and execute the
Agreement, and to provide maintenance activity under the terms of the Agreement.
CONSIDERATIONS: On November 15, 2021, the City of Naples approved the Interlocal Agreement
("Agreement") between Collier County and the City of Naples for the construction and maintenance of
median improvements on County -owned medians. The County has allowed the City in the past to
construct and maintain these landscape improvements on its Roads, which include Goodlette-Frank Road
from Tamiami Trail East (U.S. 41) northward to Golden Gate Parkway, and on Golden Gate Parkway
from Goodlette-Frank Road eastward to Bears Paw Trail, as depicted in Exhibit "A" of the Agreement at
the City's expense.
The City will follow the Florida Department of Transportation (FDOT) and County standards, as
applicable, for the design specifications, landscape plan review, construction and maintenance activities,
timing of the work, maintenance of traffic flow during construction and maintenance, and the permissible
lane closures. All aspects of the work will be coordinated with the County.
The City and County staff have determined and agree that it is mutually advantageous and in the public's
best interest to continue this past practice as provided in the Agreement.
FISCAL IMPACT: Recording fees will be paid by Landscape Operations (Fund 111, Cost Center
163647).
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. -DDP
RECOMMENDATION: To approve and execute an Interlocal Agreement between Collier County and
the City of Naples concerning Landscape Maintenance for certain County medians within or adjacent to
the city limits of the City of Naples and authorize the Chairman to sign and execute the Agreement.
Prepared by: Pamela Lulich, PLA, CPM, Landscape Operations Manager
ATTACHMENT(S)
1. Agreement - 012622 (PDF)
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16.A.9
02/08/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.9
Doe ID: 20959
Item Summary: Recommendation to approve and execute an Interlocal Agreement between
Collier County and the City of Naples concerning Landscape Maintenance for certain County medians
within or adjacent to the city limits of the City of Naples at no cost to the County, authorize the Chairman
to sign and execute the Agreement.
Meeting Date: 02/08/2022
Prepared by:
Title: Manager - Landscape Operations — Growth Management Department
Name: Pamela Lulich
01/04/2022 2:57 PM
Submitted by:
Title: Manager - Planning — Growth Management Department
Name: Trinity Scott
01/04/2022 2:57 PM
Approved By:
Review:
Road Maintenance
Gerald Kurtz
Additional Reviewer
Capital Project Planning, Impact Fees, and Program Management
Gloria Herrera
Growth Management Department
Lissett DeLaRosa
Growth Management Department
Growth Management Department
James C French
Growth Management
Growth Management Department
Trinity Scott
Transportation
County Attorney's Office
Derek D. Perry
Level 2 Attorney Review
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
Office of Management and Budget
Laura Zautcke
Additional Reviewer
County Manager's Office
Amy Patterson
Level 4 County Manager Review
Board of County Commissioners
Geoffrey Willig
Meeting Pending
Completed
01/04/2022 3:01 PM
Additional Reviewer
Completed
Completed
01/04/2022 4:21 PM
Skipped
01/11/2022 9:18 AM
Completed
01/21/2022 3:39 PM
Completed
01/27/2022 8:13 AM
Completed
01/27/2022 8:43 AM
Completed
01/27/2022 9:21 AM
Completed
01/28/2022 11:42 AM
Completed
02/01/2022 11:03 AM
02/08/2022 9:00 AM
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16.A.9.a
INTERLOCAL AGREEMENT
BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES
CONCERNING LANDSCAPE MAINTENANCE FOR CERTAIN COUNTY
MEDIANS WITHIN OR ADJACENT TO THE CITY LIMITS OF THE CITY OF
NAPLES
This INTERLOCAL AGREEMENT is entered into this 8th day of February
2022, by and between Collier County, Florida, a political subdivision of the State of Florida, whose
mailing address is 3299 Tamiami Trail East, Naples, FL 34112 (hereinafter referred to as the
"County"), and the City of Naples, whose mailing address is 735 8th Street South, Naples, FL
34102 (hereinafter referred to as the "City").
RECITALS:
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal
Cooperation Act of 1969", authorizes local governmental units to make the most efficient use of
their powers by enabling them to cooperate on a basis of mutual advantage; and
WHEREAS, both parties to this Agreement are public agencies within the meaning of
Chapter 163, Florida Statutes; and
WHEREAS, the County is the owner of certain medians located in Collier County, Florida
and within or adjacent to the Naples City limits, within the rights -of -way known as Goodlette-
Frank Road (C.R. 851) and Golden Gate Parkway (C.R. 886); (hereinafter referred to as the
"Roads"); and
WHEREAS, the County has allowed the City in the past to construct and maintain certain
median landscape improvements on its Roads, more specifically on Goodlette-Frank Road from
Tamiami Trail East (U.S. 41) north to Golden Gate Parkway, and on Golden Gate Parkway from
Goodlette-Frank Road east to Bears Paw Trail, as depicted in Exhibit "A" (hereinafter referred to
as the "Median Improvements") at the City's expense; and
WHEREAS, the City and the County have determined and mutually agree that it is
mutually advantageous and in the best interest of the public to continue this past practice as
provided in this Agreement.
NOW, THEREFORE, in consideration of the foregoing RECITALS, and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the
City and County 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, and all Exhibits referenced herein are made
a part of this Interlocal Agreement. Q
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16.A.9.a
2. The County hereby grants to the City the right to use those portions of the Roads depicted
in Exhibit "A" for the sole purpose of constructing and maintaining Median Improvements.
3. The design standards, landscape plan review, construction and maintenance activities,
timing of the work, maintenance of traffic flow during construction and maintenance, and
the permissible lane closures during the time that work is to be performed shall be to Florida
Department of Transportation (FDOT) standards (when applicable) and coordinated with
the County. The County agrees to cooperate with the City in the event the City is required
to obtain any necessary permits. Any permitting fees shall be paid by the City except for
any fees payable to the County, which shall be waived.
4. Although the City shall provide the County with a detailed schedule and landscape and
irrigation plans for the Median Improvements prior to beginning any construction or
maintenance, no additional approval from the County is needed prior to construction or
maintenance work
5. The landscaping and other personal property constructed by the City shall remain the
property of the City.
6. Should the City fail to construct or maintain the Median Improvements, the County may
provide notice to the City in writing, specifying the nature of the deficiency. Within thirty
days following receipt of such notice, the City at its sole cost shall cause the appropriate
repairs or cure to be Completed. In the event damage to, or failure to maintain the Median
Improvements results in a situation where public safety is at risk, (1) the City shall
complete repairs within twenty-four hours of receipt of the County's written notice, or (2)
the County may, at its option, complete repairs to the Median Improvements, with prior
notice to the City, and will promptly bill the City for all actual costs incurred in completing
the repairs. The City shall reimburse the County for such costs within thirty days of receipt
of the County's bill.
7. The City and County, shall indemnify and save harmless each other, including all
employees from any loss or damages either may suffer as a result of claims, suits, demands,
damages, losses, fines, penalties, interest, expenses, costs, or judgments, including
attorneys' fees and costs of litigation, arising out of the City's use of the Roads for the
purposes set forth in this Interlocal Agreement. Neither party shall undertake to settle any
lawsuit or threatened lawsuit that could give rise to an obligation on the other without the
prior consent of the other, such consent to not be unreasonably withheld.
8. The indemnities provided for by this Interlocal Agreement will extend from the date of this
Interlocal Agreement is executed by the last party until such time as the parties hereto
acknowledge in writing that the City has ceased to use the Road for the purposes stated
within this Interlocal Agreement and the Road has been restored as set forth below, at
which time, following receipt of the City's written request, the County will execute a
release from indemnification in favor of the City.
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16.A.9.a
9. The parties agree to give each other written notice of any claims filed in connection with
this Interlocal Agreement, within thirty days of the date that either party is aware of such
claim.
10. Unless terminated as set forth below, this Interlocal Agreement shall remain in full force
and effect in perpetuity from the date first set forth above and shall be binding upon the
parties and all their successors in interest. The Interlocal Agreement may be freely
terminated as of right by either party, with or without cause. If the City exercises this right,
or if the County exercises this right based upon the City's substantial breach of this
Interlocal Agreement, then upon written demand by County, the City, at its sole cost and
expense, shall remove the Median Improvements and will restore the Roads to a reasonable
natural condition (within 30 days). If the County exercises this right, or if the City exercises
this right based upon the County's substantial breach of this Interlocal Agreement, then the
County will be responsible for any removal of the Median Improvements or restoration of
the Roads. Except for the above, neither party will be liable to the other for any damages
or claims resulting from the termination of this Interlocal Agreement.
11. In the event either party hereto shall institute legal proceedings in connection with, or for
the enforcement of, this Interlocal Agreement, each party shall be responsible for its costs
of suit, including reasonable attorney's fees, at both trial and appellate levels.
12. Should any part of this Interlocal Agreement be found to be invalid, then such invalid part
shall be severed from the Interlocal Agreement, and the remaining provisions of this
Interlocal Agreement shall remain in full force and effect and not be affected by such
invalidity.
13. This Interlocal Agreement shall be recorded by the County in the Official Records of
Collier County, Florida.
14. This Interlocal Agreement is the entire agreement between the parties, and supersedes all
previous oral and written representations, agreements and understandings between the
parties regarding construction and landscape maintenance for the Median Improvements
for the Roads as described herein. This Interlocal Agreement shall be governed by the laws
of the State of Florida and may not be altered or amended in any way, except by written
agreement signed by both parties.
[Space Intentionally Left Blank]
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16.A.9.a
In Witness Whereof, the County and the City have caused these presents to be executed by their
appropriate officials on February 8, 2022 and November 15, 2021, respectively.
ATTESTS<<o°'
By:
is 1W Ir�ib`" k, C'it}- Cler
Approved as to Form
and Legal Sufficiency:
ATTEST:
Crystal K. Kinzel, Clerk
Deputy Clerk
Approved as to form and legality:
Derek D. Perry
Assistant County Attorney
AS TO THE CITY OF NAPLES:
CITY OF NAPLES, FLORIDA
Teresa Heitmann, Mayor
AS TO COLLIER COUNTY, FLORIDA:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
M.
William L. McDaniel, Jr., Chairman
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16.A.9.a
EXHIBIT "A"
City Constructed and/or Maintained Median Improvements
22nd Ave N
- -ischmann Blvd
C
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6th Ave N
collier CoHnty
Growth Management Department
Legend
City Constructed and/or
Maintained Median
Improvements
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Golden Gate Pkwy
Davis Blvd
El
0 0.3 0.6 Miles
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