Backup Documents 09/12/2023 Item #16A 7 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO s S 7THE 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
.SA-k f (o/ o/2
4. BCC Office Board of County
Commissioners YY/3/4 40f31/23
5. Minutes and Records Clerk of Court's Office ( `,�
4
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 Beth Johnssen&Trinity Scott—TMSD— Phone Number 239.252.5342
Staff Contact/ Capital Project Planning,Impact Fees,
Department and Program Management
Agenda Date Item 09/12/2023 Agenda Item 16.B.7
was Approved by Number
the BCC
Type of Document South FL Water Management District Number of Original
Attached Amendment No.5 Documents Attached Z
PO number or N/A E-MAIL Beth.Johnssenna,colliercountyfl.gov
account number if CC Raquel Trinity.Scottna,colliercountyfl.gov
document is to be
recorded Ovares
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 RO
2. Does the document need to be sent to another agency for additional signatures? 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 RO
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 N/A
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
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 RO
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 07/25/2023 and all changes made during RO 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 RO N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the an option for
Chairman's signature. this line.
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
16B 7
MEMORANDUM
Date: October 31, 2023
To: Trinity Scott, Department Heat
GMD
From: Martha Vergara, Sr. Deputy Clerk
Minutes & Records Department
Re: South Florida Water Management District
Amendment #5 — Agreement #3600000019/C-11759
Enclosed please find two (2) originals of the document referenced above (Agenda
Item #16B7), approved by the Board of County Commissioners on Tuesday,
October 24, 2023.
Please forward a fully executed original to the Minutes and Record's Department to
be kept as part of the Board's Official Record.
If you have any questions, please feel free to call me at 252-7240.
Thank you.
Attachment
6 9 7
///p,cH Mang
•17.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT
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
121k day of September , 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
3600000019-A5/C-1 1759, Page 1 of 4
16B 7
SP,N Mt,hq,
5 y SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT
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
3600000019-A5/C-11759. Page 2 of 4
16B 7
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11
7:3„:
AMENDMENT
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.
3600000019-A5/C-1 1759, Page 3 of 4
^4N
A_' SOUTH FLORIDA WATER MANAGEMENT DISTRICT
6B 7
AMENDMENT
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: Rick LoCastro, Chairman
Approv � and legality •ATTEST
J �� CRYSTA 'K. CLERK
Jeffrey A. o ,County Attorney BY:a
AtteS-as.to Chatrman's
,_, signature only
3600000019-A5/C-11759, Page 4 of 4
16B 7
EXHIBIT A-5
PRIMARY CANALS AND WATER CONTROL STRUCTURES
as included in SFWMD -Collier County Agreement 3600000019/C-11759, Amendment 5
Canal Name Length (Miles) Structures
Main Golden Gate Canal* 26.6 6
Main Golden Gate Canal Side Branch 2 1
1-75 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 along Frangipani Avenue has been transferred to COUNTY, but DISTRICT will continue
to maintain the canal
**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
16B 7
11/4\s\ EXHIBIT B
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PRIMARY CANALS AND WATER CONTROL STRUCTURES
as included in
SFWMD-Collier County Agreement C-XXXXXX,Amendment 5
1 0.0 7
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