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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) Packet Pg. 438 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 Packet Pg. 439 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 [21-TRM-00350/1657604/1 ] Page 1 of 4 Packet Pg. 440 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. [2 1 -TRM-00350/1657604/11 Page 2 of 4 Packet Pg. 441 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] [21-TRM-00350/1657604/11 Page 3 of 4 Packet Pg. 442 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 [21-TRM-00350/1657604/1] Page 4 of 4 Packet Pg. 443 16.A.9.a EXHIBIT "A" City Constructed and/or Maintained Median Improvements 22nd Ave N - -ischmann Blvd C U) 6th Ave N collier CoHnty Growth Management Department Legend City Constructed and/or Maintained Median Improvements W 1_ S &S "7 /r d10� Z- O r� Golden Gate Pkwy Davis Blvd El 0 0.3 0.6 Miles Packet Pg. 444 1