Backup Documents 10/22/2024 Item #16B 4 t C\ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
Zir3
"" �+0 Y° TO ACCOMPANY ALL ORIGINAL THE BOARD OF COUNTY COMMISSIONERS O DOCUMENTS
FOR SIGNATURE i 6 n 4
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#I 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. Jeff Klatzkow, County Attorney County Attorney Office
J,4Kl„ 2 L�
4. BCC Office Board of County
Commissioners C(1 is / Lo f ZZ
5. Minutes and Records Clerk of Court's Office 0 3kui / (0
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 Staff Lorraine Lantz Phone Number 252-5779
Contact/ Department
Agenda Date Item was 10/22/2024 Agenda Item Number 16B4
Approved by the BCC
Type of Document District Agreement Bellmar Village SRA Number of Original
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 column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? LL
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 LL
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 LL
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 LL
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip LL
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 10/22/2024(enter date)and all changes LL
made during the meeting have been incorporated in the attached document. The
County Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the LL
BCC,all changes directed by the BCC have been made, and the document is ready for the
Chairman's signature.
1: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
INSTR 6604982 OR 6408 PG 921
RECORDED 10/24/2024 11:10 AM PAGES 7 � )�
�}
CLERK OF THE CIRCUIT COURT AND COMPTROLLER 684COLLIER COUNTY FLORIDA
REC$61.00
DISTRICT AGREEMENT
Bellmar Village SRA
THIS DISTRICT AGREEMENT(hereinafter referred to as the"Agreement") is made and
entered into this Z. of Oci-ober , 2024 (the "Effective Date"), by and among Big Cypress
Stewardship District(hereinafter referred to as the "District"), whose address is 3501 Quadrangle
Boulevard, Suite 270, Orlando, Florida 32817, and Collier County, a political subdivision of the
State of Florida(the"County").
RECITALS:
WHEREAS,on June 8,2021,the Board of County Commissioners(the"Board")approved
the Bellmar Village Stewardship Receiving Area (SRA) by Resolution No. 2021-120 (the "SRA
Approval"); and
WHEREAS,the SRA Approval requires a payment of$2,221,800 to the County (the "Fair
Share Payment") to fulfill fair share mitigation for operational impacts; and
WHEREAS, pursuant to the SRA Approval, the Fair Share payment must be remitted to
the County within 90 days of the approval of the first development order; and
WHEREAS, operational improvements at the intersection of Golden Gate Boulevard and
Desoto Boulevard were identified in the traffic impact statement for Bellmar Village and included
in the calculation of the Fair Share Payment; and
WHEREAS,the County has awarded a contract for the construction of Station 74,a shared
fire and emergency medical services station at the intersection of Golden Gate Boulevard and
Desoto Boulevard; and
WHEREAS, the County desires to construct a roundabout and associated improvements at
the intersection of Golden Gate Boulevard and Desoto Boulevard (collectively, the
"Improvements"); and
WHEREAS, the District has agreed to undertake the design, permitting and construction
of the Improvements on the terms and conditions hereinafter set forth.
WITNESSETH
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst the parties, and in consideration of the covenants
contained herein,the parties 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.
6B4
2. The County will allow the District to proceed with the design, permitting and
construction of the Improvements on the following conditions:
a. The District will design. permit and construct the Improvements as set forth in Exhibit 1
attached to and made a part of this Agreement in accordance with the following schedule.
Unless otherwise mutually agreed upon by the parties, the District shall: (i) complete the
design of the Improvements no later than 12 months following the issuance of final, non-
appealable "dredge and fill permits" under Section 404 of the federal Clean Water Act for
the SRA and the'Town of Big Cypress SRA (the date of issuance of the last to be issued of
such permits is hereinafter referred to as the "Commencement Date"), (ii) complete the
permitting of the Improvements no later than 18 months from the Commencement Date,
(iii) commence the construction of the Improvements within 24 months from the
Commencement Date. and (iv) complete the construction of the Improvements within 12
months of commencement of construction (the "Completion Date"). The County Manager
may extend the foregoing schedule dates by an additional 90 days without the need of
Board approval. Additional extensions for any of such schedule dates will require Board
approval. In the event that the District does not complete the design and permitting of the
Improvements within 24 months from the Commencement Date, as such 24-month period
may be extended by the County, then the County, as its sole and exclusive remedy therefor,
may terminate this Agreement by written notice to the District,whereupon the parties shall
be released from all further obligations under this Agreement.
b, The County shall reimburse the District an amount not to exceed S2,221,800 (the "Upset
Amount") for the design, permitting, construction and construction engineering and
inspection(CEI) of the Improvements, as follows:
i. The County shall reimburse the District up to S250,000 of the design and permitting
costs of the Improvements. Reimbursement shall be paid within 90 days of receipt of
an invoice from District for such costs.
ii. The County shall reimburse the District for the costs of construction and CEI of the
Improvements. Reimbursement shall be paid within 90 days of receipt of an invoice
from District for such costs. The District shall not invoice the County for such costs of
construction and CEI until the construction of the Improvements is completed and
accepted by Collier County.
Anything to the contrary notwithstanding, the County shall not be required to make any
reimbursement to the District pursuant to this section sooner than 120 days after the
County's receipt of the Fair Share Payment from the SRA.
c. The District shall construct the Improvements. Prior to commencing construction of the
Improvements, the District shall advertise and bid the Improvements in accordance with
the District's normal solicitation procedures for public road projects. The District shall
provide written notice to the County documenting the result of such solicitation and ranking
all qualified bids from lowest to highest,with the dollar amount of the lowest qualified bid
being hereinafter referred to as responsible bidders. The District may negotiate with any
16B4
of the bidders or any other qualified contractor, and in that regard the District shall not be
obligated to award the construction of the Improvements to the low bidder or to any of the
responsive bidders; however, in no event shall the final reimbursement amount for the
construction of the Improvements exceed the low bid amount. An engineer's estimate of
probable costs is included in Exhibit 2 attached to and made a part of this Agreement. In
the event that the low bid amount exceeds the amount of the Fair Share Payment, then the
District may elect to terminate this Agreement by written notice to the County, whereupon
the parties shall be released from all further obligations under this Agreement.
Notwithstanding the foregoing, the District shall not be entitled to terminate this
Agreement if it has received any reimbursement from the County pursuant to subparagraph
2(h) above or it has commenced construction of the Improvements.
d. The District will obtain a right-of-way permit from the County for the Improvements, and
the County will not charge the District and fees or costs for such permit. The District shall
not pay be required to pay any Iane or sidewalk rental fees for construction of the
Improvements for the period from the Effective Date through and until the Completion
Date, as such date may be extended pursuant to subparagraph 2(a) above.
e. Subject to the approval of the County, which shall not he unreasonably withheld. the
District at its own cost and without reimbursement from the County, shall be entitled to
construct architectural hardscape features (but not any signage) and install landscaping
within the roundabout portion of the Improvements. In the event the District constructs any
such architectural hardscape features or installs landscaping within the roundabout portion
of the Improvements, the District shall thereafter be responsible to maintain same at its
own cost and without reimbursement from the County.
Legal Matters
3. This Agreement shall not be construed or characterized as a development
agreement under the Florida Local Government Development Agreement Act.
4. The burdens of this Agreement shall be binding upon, and the benefits of this
Agreement shall inure to, all assigns successors in interest to the parties to this Agreement. The
term "District" shall include all of District's assigns and successors in interest, including
homeowner associations and commercial tenants.
5. In the event state or federal laws are enacted after the execution of this Agreement,
which arc applicable to and preclude in whole or in part the parties' compliance with the terms of
this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to
comply with such laws, in a manner which best reflects the intent of this Agreement.
6. This Agreement shall be recorded by the County in the Official Records of Collier
County, Florida, within fourteen(I4) days after the Effective Date. The District shall pay all costs
1 6B4
of recording this Agreement. The County shall provide a copy of the recorded document to the
District upon request.
7. In the event of any dispute under this Agreement,the parties shall attempt to resolve
such dispute first by means of the County's then-current Alternative Dispute Resolution Procedure,
if any. Following the conclusion of such procedure, if any, either party may file an action for
injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, and
remedy being cumulative with any and all other remedies available to the parties for the
enforcement of the Agreement.
8. Except as otherwise provided herein, this Agreement shall only be amended by
mutual written consent of the parties hereto or by their successors in interest. All notices and other
communications required or permitted hereunder (including County's option) shall be in writing
and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized
overnight delivery service, and addressed as follows:
To County: To District:
Collier County Manager's Office Big Cypress Stewardship District
3299 Tamiami Trail East, Suite 202 3501 Quadrangle Boulevard, Suite 270
Naples, FL 34112-5746 Orlando, FL 32817
9. This Agreement (which include the references set forth in the Recitals) constitutes
the entire agreement between the parties with respect to the activities noted herein and supersedes
and takes the place of any and all previous agreements entered into between the parties hereto
relating to the transactions contemplated herein. All prior representations, undertakings, and
agreements by or between the parties hereto with respect to the subject matter of this Agreement
are merged into, and expressed in, this Agreement, and any and all prior representations,
undertakings, and agreements by and between such parties with respect thereto hereby are
canceled.
10. Nothing contained herein shall be deemed or construed to create between or among
any of the parties any joint venture or partnership nor otherwise grant to one another the right,
authority or power to bind any other party hereto to any agreement whatsoever.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
i6B4
IN WITNESS WI It REOF. the parties hereto have caused this Agreement to be executed
by their appropriate officials. as of the date first above written.
AS TO COUNTY:
ATTEST: BOAR[) OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL. Clerk COLLIER COUNTY. FLORIDA. on behalf of
Collier County. Florida
.T By: k_ I3y: (1, Aftiolkilk
jo, . D uty Clerk
`�,� •', ..' Attest as to Chairman's Chris Hall, Chairman
r,'i t tt 0'4 . ii.,,, signature only
AS TO DISTRICT: Big Cypress Stewardship District
WIT F,SS: 2 if it 4'-10,1 O'yz.-
(I'rint lull nac By: _
/714 -- [Tinted 1\ame: AfC e'
Title: f iq��� r
(Signature) ` r ri�"�6t�''�l
1-4 PV IW U6tAda WAG
(Print 11111 nar c
*caw.' : tictauwhAW
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged belbre me by means of[2<)hy,,sical presence or ❑
online notarization this 4--"1 day of . 2024, by i?° G - - as
-Prekylat,Vl _ of BigCypress Stewardship District, who is personally known to
me ✓ or has produced_ as identification..
(N •'•"'""6 LAUREN TAYLOR CLARKE MORALES *OM*U t a . Commission F8i261093I
;r:"''' tVNotary Publ
.jEdre�°�' Expires M�4�2026
Printed Name of Notary: tAtiveh-TatiwGictweNtiAt�
i Commission Number: _
1 ! ' My Commission Expires:
Approved Is•tn form and legality:
-. ' r.
_ i ` ,
Jeffrey'A: Klatzkow. County Attorney
1
a t 6 U 4
Y
80LC£ld'S31dVN LOS OVpN s3Nvi omi ae0
•11AIHX3
H]V39 113883ONVn 666 :. ,., b ' z
1N3W3�VNVW r • sru. S 34
T� 3)31119NOdZIVl as010S3aivI O g i`}E 3 ss' '_3' egg
,....... •
..`-''''u nit,i1 •
,t
CO ,3
"— = x Jeri,
1- 0 0
1 D
D .ct a) ! H _ .
'0
c f C> l
N co0 y,
u 1C�1
J to
J
ZN , , DO 0 •I
°' z.4 u
0
.4' ( CC Z
w
Z W �-�,
w x cc w0 I
CC Q.1
U VI ; -1 rF j
z a j I'P
o' Z
�' w = oLe;
° 1.111
�a
1_ W
43 1 w Z
C ~O
--\, fll ' rU1 ?m
.►
OM:.,•
ft.. ''liliy �i llii;Ai i1Ii'iI `.�
,,g ,i,11,',It'',i,i!
x I \ 1 LU � w
CC Qa
� Z , I Cu-
� = j w o �
So ( 1 I c � ,
w
u�
a I I Q z `
` in
1 \I / N
ti '
o j
o j
3 oo
a; I ! oCJ
r J
o
2 'it3 0
Q ' 0
Ca i
I
— i
I
•
16B4
Exhibit 2
Golden Gate-Desoto Roundabout Improvements
Item Description Quantity Unit Unit Price Total Cost
Paving&Gradino
1 Mobilization I LS S 85,000 S 85,000
2 Project Management I LS S 25,000 $ 25,000
3 Clearing and Grubbing I LS S 15,000 $ 15,000
4 Erosion Control 1 LS S 24,000 S 24,000
5 Mill Existing Asphalt 3500 SY S 5 S 17.500
6 Emnbankment 4,500 CY $ 25 $ 112.500
7 3" Asphalt 3,000 SY $ 52 $ 156,000
8 8" Limerock 3.000 SY $ 35 $ 105,000
9 Stabilization(12"Thk.),Type"B" Base 2,862 SY $ 4 S 11,447
10 Type D Curb 543 LF $ 20 S 10,860
11 Type F Curb 1.500 LF S 20 $ 30,000
12 Type RA Curb 140 LF S 60 S 8,400
13 Truck Apron 61 SY S 180 $ 11,020
Subtotal S 611,727
Drainage
14 Type,1- E Inlets 8 EA $ 15,000 S 120,000
15 Type J Junction boxes 4 EA $ 12,000 $ 48,000
16 Type D DBI 8 EA $ 9,000 $ 72.000
16 24" RCP 160 LF $ 185 S 29,600
17 30" RCP 400 LF $ 235 S 94,000
18 Swale Breading 1 I.S S 10,000 S 10,000
19 Inlet protection 8 EA $ 2,000 S 16,000
Subtotal S 389,600
Nl iscellaneous
20 Maintenance of Trafic(includs temp lanes) 1 LS S 125,000 $ 125,000
21 Signing and striping 1 LS S 25.000 S 25,000
22 Downstream Remediation Reserve 1 LS S 100,000 S 100,000
23 Landscape/Hardscape/Irrigation allowance I LS S 125,000 S 125,000
Subtotal S 37.5,000
General Conditions(I0%)* S 137,633
Subtotal $1,513,959
Contingency(15%) S 227.094
Construction Total $ 1,741,053
Soft Costs(10%) $ 174,105
Subtotal $ 1,915,159
Inflation Adjustment(4°'0) S 76,606
Grand Total S 1,991,765
'"General conditions include dewatering,density testing,record drawings,misc demo.
Downstream remediation reserves are for potential improvements required to existing infrastructure along the stormwater outfall route
to the west.
This Opinion of Probable Construction Cost(OPC)has been prepared by UA,Inc.for the Golden Gate DeSoto RAB as a stand alone
project.In accordance with F.A.C.61G-1518.011,this is not a guarantee or warranty expressed or implied as to the construction cost
that may be obtained by owner using competitive bidding.
.ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 bB 6
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.
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 Attomey Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. County Attorney Office County Attorney Office JAL �l') 'O
2. BCC Office Board of County
I�
Commissioners C(i low 161361ey
Clerk of Court's Office
3. Minutes and Records I ' : ;51
pal
*Please scan under Canal Easement Acquisitions. Proj. No. 50180 in the BMR Real Property Folder.
Thank you.
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 Staff Phone Number 252-6077
Contact/ Department Transportation Engineering—Traffic
Operations
Agenda Date Item was 10/22/2024 Agenda Item Number 16 B
Approved by the BCC
Type of Document Memorandum of Understanding: Redacted Number of Original 4
Attached Crash Data HSMV Documents Attached
PO number or account
number if document is CA 11 Ext. wAe 7 Orr Gad
to be recorded
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? DGH
2. Does the document need to be sent to another agency for additional signatures? If yes, DGH
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
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 DGH
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 DGH
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE. N/A
Some documents are time sensitive and require forwarding to Tallahassee within a certain 1,1
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on October 22,2024,and all changes made N/A, not
during the meeting have been incorporated in the attached document. The County -5,4 air option or
Attorney's Office has reviewed the changes,if applicable. 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
9. Initials of attorney verifying that the attached document is the version approved by the NiKts G of
BCC,all changes directed by the BCC have been made,and the document is ready for the /p{(Ih/ an option for
Chairman's signature. �"((( lis
1 6B 6
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
1686
Dave Kerner
Executive Director
111411 S M
FLORIDA HIGHWAY SAFETY AND MOTOR VEHICLES 2900 Apalachee Parkway
Tallahassee,Florida 32399-0500
www.flhsmv.gov
MEMORANDUM OF UNDERSTANDING
REDACTED CRASH DATA
HSMV-
This Memorandum of Understanding ("MOU") is entered into by the Florida Department of Highway Safety and
Motor Vehicles ("Department") and Collier County („County „)
each a "Party" and collectively referred to as "Parties."
WHEREAS, the Department is a governmental entity with primary duties that include issuance of motor vehicle
and driver licenses, registration and titling of motor vehicles, and enforcement of all laws governing traffic,
travel, and public safety upon Florida's highways; and
WHEREAS, the Department has an interest in serving the citizens of Florida in all matters concerning the
highways of this State including Consumer Protection; and
WHEREAS,the Department, in carrying out its statutorily mandated duties, collects and maintains motor vehicle
crash records, which are subject to the parameters set forth in § 119.0712(2) and 316.066(2)(b), Fla. Stat.; and
18 U.S.C. § 2721-2725, the Driver Privacy Protection Act ("DPPA"); and
WHEREAS, the Department, in carrying out its statutorily mandated duties, is permitted to provide access to
motor vehicle crash records in accordance with § 119.0712(2) and 316.066(2)(b), Fla. Stat., and DPPA; and
WHEREAS, pursuant to § 316.066(2)(a), Fla. Stat., crash reports that reveal the identity, home or employment
telephone number or home or employment address of, or other personal information concerning the parties
involved in the crash; and that are held by an agency, as defined in § 119.011, Fla. Stat., are confidential and
exempt from Art. I. § 24(a), Fla. Const. and § 119.07(1), Fla. Stat. for a period of 60 days after the date the
report is filed, and further may only be released as specifically authorized by § 316.066, Fla. Stat.; and
Service • Integrity • Courtesy • Professionalism • innovation • Excellence
An Equal Opportunity Employer
1 68 6
WHEREAS, this MOU is permitted by § 316.066(2)(b), Fla. Stat., which states in pertinent part: "This section
shall not prevent an agency, pursuant to a memorandum of understanding, from providing data derived from
crash reports to a third party solely for the purpose of identifying vehicles involved in crashes if such data does
not reveal the identity, home or employment telephone number or home or employment address, or other
personal information of the parties involved in the crash."
NOW THEREFORE, the Parties agree to the following conditions:
1. Pursuant to § 316.066(2)(b), Fla. Stat., the Department will provide to County upon
request within a reasonable time as determined by the Department, which the Department may decide
to provide on a weekly basis, data derived from Florida crash reports solely for the purpose of identifying
vehicles involved in crashes. The data provided by this MOU will not include the identity, home or
employment telephone numbers, home or employment addresses, or any other personal information
of the parties involved in a crash. The Department will provide documentation to
County describing the format and definitions of the data provided to
County by the Department pursuant to this MOU, and will supply documentation to
County describing changes to such format and definitions as soon as possible, but
no later than thirty (30) days before such changes are reflected in any data provided to
County by the Department pursuant to this MOU.
2. All data and information provided to County by the Department pursuant to this
MOU shall only be used for the purposes identified in this MOU. County agrees to
ensure that any use by County of the data provided through the MOU will
comply with all applicable state or federal law or regulations. County will abide by
all applicable federal and state laws and regulations with respect to the disclosure of data obtained
through this MOU and, to the extent legally required, will protect and maintain the confidentiality of the
data received from the Department. To the extent allowed by law, subject to the limits of Section
768.28, Florida Statutes, County agrees to indemnify and hold harmless the
Department for any claims made by a third party resulting from County 's negligent
or wrongful use of any data provided by the Department through this MOU.
3 County is solely responsible for any of its own costs associated with this MOU, and
this MOU does not create any financial obligations on the Department.
Redacted Crash Data MOU —Governmental Entities (rev. 10/25/2023)v2 Page 2 of 4
16B6
4. This MOU will expire two (2) years from the date last signed by the Parties. Either Party may terminate
this MOU at will sooner upon providing thirty (30) days' prior written notice to the other Party. In
addition, this MOU is subject to unilateral suspension or termination by the Department without notice
to County for the failure of County to comply with any of the
requirements of this MOU, or with any applicable state or federal laws, rules, or regulations, including,
but not limited to, DPPA, sections 119.0712(2), 316.066, 324.242 or 501.171, Florida Statutes, or any
laws designed to protect driver privacy. Upon expiration or termination, County may
continue to use any and all data already provided to County by the Department
under this MOU as of the effective date of such expiration or termination solely for the purposes
identified in this MOU, in compliance with state and federal law.
5. The Parties agree that all provisions herein concerning protection of data provided by the Department
to County shall survive the expiration or termination of this MOU, and that the
Department reserves the right to enforce the provisions of this MOU after expiration or termination,
including obtaining injunctive relief.
6 County will cooperate and ensure that its subcontractors, if any, cooperate with
the Department's Inspector General in any investigation, audit, inspection, review, or hearing
pursuant to § 20.055, Fla. Stat.
7. If applicable, County must comply with the requirements of the State of Florida,
Office of the Governor, Executive Order Number 20-044, issued February 20, 2020, regarding
submission of an annual report, as required by the Department, which shall include, in part,
County 's most recent IRS Form 990, Return of Organization Exempt from Income
Tax.
8. This MOU is executed and entered into in the state of Florida, and shall be construed, performed
and enforced in all respects in accordance with the laws, rules and regulations of the state of
Florida. Any action hereon or in connection herewith shall be brought in Leon County, Florida.
END OF PAGE INTENTIONALLY LEFT BLANK
Redacted Crash Data MOU —Governmental Entities (rev. 10/25/2023)v2 Page 3 of 4
1 68 6
In witness hereof, the Parties have executed this MOU by their duly authorized officials on the date(s)
indicated below.
FOR: BY:
Collier County
Requesting Party Name Signatu f uthorized Officia
2885 South Horseshoe Drive Chris Hall, Chairman
Street Address Printed/Typed Name
C110,1 rrlan
Suite Title
Naples FL 34104 10I221 ZC(
City State Zip Code Date
FOR: BY:
Florida Department of Highway Safety and
Motor Vehicles
Providing Party Name Signature of Authorized Official
2900 Apalachee Parkway
Street Address Printed/Typed Name
Suite Title
Tallahassee, Florida 32399
City State Zip Code Date
toy Ihw i_, CLICK A>>ro L1
K. K p 1 t r and legality
Deputy.--
Attest as tot Chairman s Jeffrey A (la kow,County Attorney
signature only
Redacted Crash Data MOU —Governmental Entities (rev. 10/25/2023)v2 Page 4 of 4