Agenda 09/12/2023 Item #16B 7 (Extend the termination date of the original agtreement and removal of structures related to the Picayune Strand Restoration Project)09/12/2023
EXECUTIVE SUMMARY
Recommendation to approve the fifth amendment to the cooperative agreement with the South Florida
Water Management District, Agreement No. C-11759, regarding operation and maintenance of designated
primary watercourses in Collier County, to extend the termination date of the original agreement and to
address the design, construction and maintenance of new structures on the Palm River and the Gordon
River to replace existing structures; and remove two structures and a canal related to the Picayune Strand
Restoration Project.
OBJECTIVE: To ensure continuous operation and maintenance of designated primary watercourses in Collier
County.
CONSIDERATIONS: Operation and maintenance responsibilities of certain primary watercourses in Collier
County were assumed by the SFWMD over 20 years ago. The mechanism for assignment of this responsibility has
been guided by multiple consecutive cooperative agreements. The agreements have provided for applicable terms
and conditions enabling the SFWMD to perform continued operation and maintenance of the primary canal system
for effective management of the water resources of Collier County. The proposed amendment delineates the
primary system as 134.1 miles of canal and 36 water control structures.
The second ten-year agreement (Agreement No. C-11759), as amended on four prior occasions, was entered into on
October 13, 2000, and is due to expire on September 30, 2024. To improve coastal resiliency for primary outfalls,
the County intended to design and construct replacement structures at Golden Gate amil gate, located south of
Golden Gate Parkway adjacent to the Gordon River Greenway and Palm River weir, located north of Immokalee
Road near the River Oak community.
As part of the Picayune Strand Restoration project, the Army Corps of Engineers in partnership with the SFWMD
have made modifications to the Miller 1 and Miller 2 structures and the Miller Canal. Based on these
modifications, it is necessary to designate these two structures and any future canal modifications the responsibility
of SFWMD in perpetuity.
The attached fifth amendment to the cooperative agreement is necessary to: (1) extend the termination date to
September 30, 2034; (2) identify that the SFWMD will be responsible for the design, construction, operation and
maintenance of the two new structures (Golden Gate amil gate and Palm River weir) as well as removal of the
existing structures, with the County continuing maintenance until construction commences for each project; and (3)
remove Miller 1 and Miller 2 structures and future modification of the Miller Canal from the County’s
responsibility.
FISCAL IMPACT: The first of five payments of $5.2 M shall be made in FY 24 and each year after ending in
FY28. The FY 24 proposed budget includes sufficient funding in project 60234 and 60102 for the $5.2M
expenditure. Future payments will be budgeted accordingly. Funds for recording fees will be paid from
Stormwater Capital Funds 3050.
GROWTH MANAGEMENT IMPACT: This item is in accordance with the goals and objectives of the Growth
Management Plan.
LEGAL CONSIDERATIONS:
RECOMMENDATION: To approve the attached fifth amendment to Agreement No. C-11759 between Collier
County and the South Florida Water Management District, and authorize the Chairman to execute the documents on
the Board’s behalf; authorize the payment of recording fees; and authorize the payment of the 5 annual installments
of $5.2M beginning in FY 24.
Prepared by: Trinity Scott, Department Head, Transportation Management Services
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09/12/2023
ATTACHMENT(S)
1. DRAFT SFWMD COLLIER COOP AMENDMENT 5 WITH EXHIBITS - 08122023 (PDF)
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09/12/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.B.7
Doc ID: 26368
Item Summary: Recommendation to approve the fifth amendment to the cooperative agreement with the South
Florida Water Management District, Agreement No. C-11759, regarding operation and maintenance of designated
primary watercourses in Collier County, to extend the termination date of the original agreement and to address the
design, construction and maintenance of new structures on the Palm River and the Gordon River to replace existing
structures; and remove two structures and a canal related to the Picayune Strand Restoration Project.
Meeting Date: 09/12/2023
Prepared by:
Title: Department Head – Transportation Management Services Department
Name: Trinity Scott
08/30/2023 11:33 AM
Submitted by:
Title: Department Head – Transportation Management Services Department
Name: Trinity Scott
08/30/2023 11:33 AM
Approved By:
Review:
Capital Project Planning, Impact Fees, and Program Management Beth Johnssen Additional Reviewer Completed
08/30/2023 3:37 PM
Transportation Management Services Department Jeanne Marcella Transportation Management Services
Department Completed 08/31/2023 9:44 AM
Road Maintenance Marshal Miller Additional Reviewer Completed 08/31/2023 2:00 PM
Growth Management Community Development Department Lisa Taylor Additional Reviewer Completed
08/31/2023 2:26 PM
Transportation Engineering Robert Bosch Additional Reviewer Completed 08/31/2023 2:36 PM
Transportation Management Services Department Trinity Scott Transportation Completed
09/05/2023 9:49 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/05/2023 9:52 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/05/2023 3:04 PM
Community & Human Services Maggie Lopez Additional Reviewer Completed 09/06/2023 9:27 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/06/2023 2:36 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/12/2023 9:00 AM
16.B.7
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SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT
3600000019-A5/C-11759, Page 1 of 4
3600000019-A5
AMENDMENT NO. 5
TO AGREEMENT NO. 3600000019/C-11759
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
COLLIER COUNTY, FLORIDA
THIS FIFTH AMENDMENT TO COOPERATIVE AGREEMENT (3600000019/C-
11759) BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND
COLLIER COUNTY, FLORIDA (“Fifth Amendment”), is entered into as of the
___________ day of _________________, 2023 by and between SOUTH FLORIDA
WATER MANAGEMENT DISTRICT, a government entity created by Chapter 373,
Florida Statutes (hereinafter referred to as “DISTRICT”), and COLLIER COUNTY,
FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as
“COUNTY”).
WITNESSETH:
WHEREAS, the DISTRICT and the COUNTY may hereinafter also be referred to
individually as “party” and collectively as “parties”; and
WHEREAS, the parties entered into a cooperative agreement, dated October 13,
2000, as amended thereafter (“Cooperative Agreement”), providing for the continued
control, operation and maintenance by the District of certain watercourses lying within
Collier County, Florida; and
WHEREAS, pursuant to that certain First Amendment to Cooperative Agreement (C-
11759) Between the South Florida Water Management District and Collier County Florida
dated February 10, 2011 ("First Amendment"), DISTRICT and COUNTY agreed to prevent
the Original Agreement from lapsing and terminating by agreeing to an extension of the
termination date set forth in the Original Agreement from February 28, 2011 to May 31,
2011; and
WHEREAS, pursuant to that certain Second Amendment to Cooperative
Agreement (C-11759) Between the South Florida Water Management District and Collier
County Florida dated May 10th 2011 ("Second Amendment"), DISTRICT and COUNTY
16.B.7.a
Packet Pg. 663 Attachment: DRAFT SFWMD COLLIER COOP AMENDMENT 5 WITH EXHIBITS - 08122023 (26368 : Cooperative Agreement Amendment)
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT
3600000019-A5/C-11759, Page 2 of 4
further extended the termination date of the Agreement from May 31, 2011 to September
30, 2012; and
WHEREAS, pursuant to that certain Third Amendment to Cooperative Agreement
(C-11759) Between the South Florida Water Management District and Collier County
Florida dated February 9, 2012 ("Third Amendment"), DISTRICT and COUNTY agreed to
an extension of the termination date to September 30, 2024 and amended the Agreement
to provide specific special terms, conditions and provisions with respect to the C-1
Connector Canal Right of Way, portions of the Golden Gate Main Canal Right of Way
and portions of the Miller Canal Right of Way; and
WHEREAS, pursuant to that certain Fourth Amendment to Cooperative
Agreement (C-11759) Between the South Florida Water Management District and Collier
County Florida dated September 8th 2015 ("Fourth Amendment"), DISTRICT and
COUNTY memorialized the parties' agreement regarding the design and construction of
the Relocated Cocohatchee Canal and the Extended C.R. 951 Canal, and the control,
operation and maintenance of the these canals upon completion of their construction and
acceptance by the District; and
WHEREAS, the parties now desire to memorialize the parties’ agreement to
extend the termination date of the original agreement; address the design, construction,
and maintenance of new structures on the Palm River (PR1) and on the Gordon River
(GR1) to replace existing structures; and remove two structures and a canal related to
the Picayune Strand Restoration Project.
NOW, THEREFORE, in consideration of the covenants and representations set
forth herein and other good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the parties agree as follows:
1. The foregoing recitals are true and correct and are hereby incorporated
herein by reference.
2. Paragraph 1 of the Cooperative Agreement is hereby modified, amended
and replaced with the following:
1. Unless extended or earlier terminated, this AGREEMENT
shall continue until September 30, 2034, and may be renewed upon
mutual agreement of the parties. Each party shall provide notice of
its intent to renew or not renew this AGREEMENT to the other party
on or before September 1, 2033. In the event that the parties do not
mutually agree to an extended renewal period, this AGREEMENT
shall automatically lapse, terminate, and expire on September 30,
2034. Subject to the terms, conditions and provisions of this
AGREEMENT the DISTRICT shall be the public agency in Collier
County, Florida generally responsible for the control, operation and
16.B.7.a
Packet Pg. 664 Attachment: DRAFT SFWMD COLLIER COOP AMENDMENT 5 WITH EXHIBITS - 08122023 (26368 : Cooperative Agreement Amendment)
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT
3600000019-A5/C-11759, Page 3 of 4
maintenance of the watercourses listed in Exhibit "A-5", and depicted
on Exhibit "B-5", both of which are attached hereto and made a part of
this AGREEMENT, (except as set forth in paragraph 3 of the Third
Amendment). In the event either party decides not to renew this
AGREEMENT, DISTRICT agrees to assist COUNTY to transition into
the operation and maintenance of the watercourses which are the
subject of the AGREEMENT.
3. Notwithstanding anything contained in the Cooperative Agreement, or this
Fifth Amendment to the contrary, DISTRICT and COUNTY hereby agree to the following
specific special terms, conditions, and provisions applicable to Gordon River (GR1),
Palm River (PR1) and Miller Canal and Weirs (Miller 1, Miller 2, and Canal):
a. Gordon River (GR1): In order to improve coastal resiliency for primary
outfalls, the COUNTY desires to replace GR1. The DISTRICT will
cooperatively design and construct a new weir located on the Gordon River
as depicted of Exhibit B-5. Until the new structure is adopted as a Works
of the Basin, the COUNTY will be responsible for operating and maintaining
the existing structure. The COUNTY will provide funding for the new
structure as shown on EXHIBIT C-5. The COUNTY shall provide all
necessary access rights to the DISTRICT for the construction and
maintenance of GR1. The DISTRICT shall design and construct the weir to
DISTRICT standards. The DISTRICT shall maintain the completed weir
consistent with the Cooperative Agreement.
b. Palm River (PR1): In order to improve coastal resiliency for primary outfalls,
the COUNTY desires to replace PR1. The DISTRICT will cooperatively
design and construct a new weir located on the Palm River as depicted of
Exhibit B-5. Until the new structure is adopted as a Works of the Basin, the
COUNTY will be responsible for operating and maintaining the existing
structure. The COUNTY will provide funding for the new structure as shown
on EXHIBIT C-5. The COUNTY shall provide all necessary access rights to
the DISTRICT for the construction and maintenance of PR1. The DISTRICT
shall design and construct the weir to DISTRICT standards. The DISTRICT
shall maintain the completed weir consistent with the Cooperative
Agreement.
c. Miller Canal (Miller 1 and Miller 2): The PARTIES agree to the removal of
the Miller 1 and Miller 2 structures together with all modifications to the Miller
Canal related to the Picayune Strand Restoration Project. The COUNTY
shall have no financial responsibility for the removal of the Miller 1 and Miller
2 structures nor the modifications to the Miller Canal.
16.B.7.a
Packet Pg. 665 Attachment: DRAFT SFWMD COLLIER COOP AMENDMENT 5 WITH EXHIBITS - 08122023 (26368 : Cooperative Agreement Amendment)
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT
3600000019-A5/C-11759, Page 4 of 4
4. All other terms and conditions of the Cooperative Agreement remain
unchanged.
IN WITNESS WHEREOF, the Parties or their duly authorized representatives
hereby execute this AMENDMENT NO. 5 on the date first written above.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
BY ITS GOVERNING BOARD
By:
Chauncey Goss, Chairman
SFWMD OFFICE OF COUNSEL
APPROVED AS TO LEGAL FORM
BY: __________________________
PRINT NAME:_____________________
DATE:___________________________
SFWMD PROCUREMENT APPROVED
BY: __________________________
DATE: __________________________
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Title:
16.B.7.a
Packet Pg. 666 Attachment: DRAFT SFWMD COLLIER COOP AMENDMENT 5 WITH EXHIBITS - 08122023 (26368 : Cooperative Agreement Amendment)
Canal Name Length (Miles)Structures
Main Golden Gate Canal*26.6 6
Main Golden Gate Canal Side Branch 2 1
I-75 Canal 7.4 3
Airport Road Canal 7.3 2
Faka Union Canal 21.3 5
Miller Canal**19.2 3
Merritt Canal 0.9 0
Cypress Canal 8.2 2
Henderson Creek Canal 6.9 2
Cocohatchee Canal 11.7 4
Green Canal 2.8 0
CR951 Canal 7.1 2
Orangetree Canal 2.1 0
Curry Canal 2 1
Corkscrew Canal 5.6 2
Corkscrew Canal Side Branch 1.3 1
C-1 Connector Canal***1.7 0
Gordon River****0 1
Palm River****0 1
Total 134.1 36
**Per agreement C-11759, Amendment 3, dated February 9, 2012, a portion of the right-of-
way (from the confluence of C-1 Connector to 28th Avenue SE) has been transferred to
COUNTY, but DISTRICT will continue to maintain the canal
***Per agreement C-11759, Amendment 3, dated February 9, 2012, Right-of-way of C1
Connector Canal has been transferred to COUNTY, but DISTRICT will continue to maintain
the canal
****Per agreement 3600000019/C-11759, Amendment 5, dated XX/XX/XX, GR1 and PR1 will
be adopted as a Works of the Basin once replacement structures are built and certified by
SFWMD; until then existing structures will remain COUNTY responsibility
PRIMARY CANALS AND WATER CONTROL STRUCTURES
as included in SFWMD - Collier County Agreement 3600000019/C-11759, Amendment 5
EXHIBIT A-5
*Per agreement C-11759 , Amendment 3, dated February 9, 2012, a portion of the right-of-
way along Frangipani Avenue has been transferred to COUNTY, but DISTRICT will continue
to maintain the canal
16.B.7.a
Packet Pg. 667 Attachment: DRAFT SFWMD COLLIER COOP AMENDMENT 5 WITH EXHIBITS - 08122023 (26368 : Cooperative Agreement Amendment)
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Packet Pg. 668 Attachment: DRAFT SFWMD COLLIER COOP AMENDMENT 5 WITH EXHIBITS - 08122023 (26368 : Cooperative Agreement Amendment)
EXHIBIT C-5
The COUNTY’s annual contribution for GR1 and PR1, lump sum due and payable to the
DISTRICT upon the start of each fiscal year, shall be as follows:
Weir Location FY24 FY25 FY26 FY27 FY28
Gordon River (GR1) $ 5,200,000 $ 5,200,000 $ 5,200,000
Palm River (PR1) $ 5,200,000 $ 5,200,000
16.B.7.a
Packet Pg. 669 Attachment: DRAFT SFWMD COLLIER COOP AMENDMENT 5 WITH EXHIBITS - 08122023 (26368 : Cooperative Agreement Amendment)