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Agenda 02/25/2025 Item #11 B (Approve an Interlocal Agreement with the City of Naples for the use of Bayview Park to remove debris a part of the Naples Renovation)2/25/2025 Item # 11.13 ID# 2025-677 Executive Summary Recommendation to approve an Interlocal Agreement with the City of Naples for the use of Bayview Park to remove debris as part of the Naples Pier Renovation. OBJECTIVE: To restore the Naples Pier for the enjoyment of the County's residents and visitors. CONSIDERATIONS: The City of Naples has requested the use of seven boat trailer spaces and a portion of the docks at Bayview Park to offload debris removed from the Naples Pier, which was significantly damaged from Hurricane Ian. Exhibit A of the Interlocal Agreement is a visual representation of the area to be utilized. The balance of the park, including the boat ramp, will remain open to the public. The debris identified will be collected from above and below the surface of the water. A barge will be docked at Bayview Park no more than two days per week for a duration lasting 4-6 months. The debris will be dried out, offloaded, sorted, and removed via dump trucks. The hours of operations will be limited to 8:00 am - 5:00 pm on weekdays only, no weekends or holidays unless agreed to by the City and County Manager. There is a concern with Friday operations recognizing the closure of the 951 Boat Ramp. Both parties have agreed to monitor any impacts, and work collaboratively to address any issues that may arise. The City has additionally agreed to add law enforcement as necessary. When the barge is not docked at the park, the public will have use of the dock. However, the seven boat trailer spaces will remain reserved for the contractor, Shoreline Foundation, Inc., for the debris removal duration of 4-6 months. The City presented the plan to the community on February 6, 2025, at the Bayshore Gateway Triangle Advisory Board meeting. The community asked why other locations, including the Naples Landings, were not more suitable. The City and contractor explained that the barge was too large and that the run times for other locations would drive up costs for the project. Bayview is the most efficient location for the project. The other issues discussed in the meeting relating to the Pier project have been addressed in the MOU, including the hours of operation, access to the docks when the barge is not docked, and assurances that materials will not spill into Danford Street when removed. The community discussed the need for a future sidewalk on Danford Street as there are concerns about park traffic and pedestrians on a regular basis. The Advisory Board made two separate motions. The first motion supported Bayview Park as a staging area for debris removal. The second motion was to work with the residents to plan for a future sidewalk as part of the future Danford Steet roadway and stormwater maintenance project. Both motions passed on a 7-0 vote. Renderings of the future Naples Pier and the presentation before the BGTCRA are attached as backup. Once permitted, the project is expected to take 18 months to complete. Materials will be staged next to the Pier. The restoration of the Pier meets both the Quality of Place and Infrastructure and Asset Management goals. Use of Bayview Park helps contain taxpayer costs of the project by utilizing an efficient and effective location. FISCAL IMPACT: There is no fiscal impact with the approval of the Interlocal Agreement. The total estimated project cost of the Pier is estimated at $26.3 million dollars of which the County is contributing $2 million dollars of Tourist Development tax dollars. GROWTH MANAGEMENT IMPACT: This item is consistent with the Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for approval. -SAA RECOMMENDATIONS: To approve of an Interlocal Agreement with the City of Naples to utilize a portion of Bayview Park for debris removal as part of the Naples Pier restoration project. PREPARED BY: John Dunnuck, Executive Director Facilities and Community Redevelopment Areas ATTACHMENTS: Page 13 of 94 1. CAO STAMPED AGREEMENT 2. County CRA - Naples Pier Rebuild 3. NaplesPier_RENDERINGS_2023SEP222 4. NaplesPier_RENDERINGS_2023SEP225 5. NaplesPier_RENDERINGS _2023SEP227 6. NaplesPier_RENDERINGS_2023SEP228 7. NaplesPier_RENDERINGS_2023SEP229 2/25/2025 Item # 11.13 ID# 2025-677 Page 14 of 94 INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES USE OF BAYVIEW PARK AS PIER RESTORATION DEBRIS STORAGE AREA THIS INTERLOCAL AGREEMENT (the "Agreement") is made and entered into by and between COLLIER COUNTY, a political subdivision of the State of Florida (the "County"), and the CITY OF NAPLES, a Florida municipal corporation (the "City"). The County and the City may be referred to herein individually as a "Party" or collectively as the "Parties." WHEREAS, the Naples Pier (the "Pier"), a venerable and community landmark, was severely damaged by Hurricane Ian on September 28, 2022; and WHEREAS, the City has entered into contracts with THA/MK for the design of the Pier and with Shoreline Foundation, Inc. for the reconstruction of the Pier (the "City's Contractors"); and WHEREAS, the project to reconstruct the Pier ("Project") is expected to commence upon receipt of the necessary permit from the United States Army Corps of Engineers ("USACE") and approval from the Federal Emergency Management Agency ("FEMA") collectively known as (the "Approvals"); and WHEREAS, the Project is estimated to take approximately eighteen months to complete, 4 to 6 months allocated for demolition commencing from the notice to proceed; and WHEREAS, the City has requested to use Bayview Park (the "Park"), a County -owned property located at 1500 Danford Street, solely for the temporary staging and storage of debris generated from the demolition portion of the Project; and WHEREAS, the County agrees to allow the City to use a designated portion of the Park for debris storage and staging subject to the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Use of Bayview Park 1.1 The County grants the City and City Contractors a temporary, non-exclusive license to use a designated portion of the Park (the "Licensed Area"), as depicted in Exhibit "A," solely for the temporary storage and staging of debris removed during the demolition phase of the Project. 1.2 The use of the Park shall be limited to the demolition phase of the Project and shall not extend beyond that phase unless mutually agreed upon in writing by the City Manager (or designee) and the County Manager (or designee). 1.3 The City shall ensure that during the use of the Licensed Area use of the boat ramp will be maintained within the Park. The fencing next to the seawall will be set back enough to facilitate use of the ramp. 1.4 Unloading of debris and transfer to trucks shall be limited to two (2) days per week. All other contractor activity within the Licensed Area shall be limited to Monday -Friday 8:00 AM - 5:00 PM excluding Holidays. Any exceptions shall be mutually agreed upon by the City Manager (or designee) and the County Manager (or designee). Interlocal —Collier County and City of Naples 2025 USE OF BAYVIEW PARK AS PIER RESTORATION DEBRIS STORAGE AREA OCIP10 1.5 Upon request by the County, the City shall provide additional security at the Licensed Area to address safety or operational concerns. The level and type of security measures shall be further coordinated between the County Manager or designee and the City Manager or designee. 2. Responsibilities of the City 2.1 The City shall, at its sole cost and expense, obtain all necessary governmental permits, approvals, and authorizations required for the use of the Licensed Area. 2.2 Prior to commencing any activities under this Agreement, the City shall provide the County with its demolition and staging plan for review and approval. The plan shall outline the scope, timeline, and logistics of the work to ensure compliance with the terms of this Agreement and to minimize impacts on Bayview Park and surrounding areas. 2.3 The City shall take all necessary measures to prevent environmental contamination and shall be solely responsible for the removal and proper disposal of all debris. 2.4 Upon completion of the demolition phase, the City shall restore the Licensed Area and any impacted surrounding roads, rights -of -way, or access areas to their pre -use condition or better. 2.5 The City shall obtain and maintain insurance coverage as required by the County's Risk Management Director or designee, including but not limited to general liability and environmental liability insurance. 2.6 Subject to the limitations set forth in Section 768.28, Florida Statutes, City shall indemnify, defend, and hold harmless the County, its officers, employees, and agents from and against any claims, liabilities, damages, costs, or expenses arising out of or related to the City's use or the City's Contractors' use of the Licensed Area. 2.7 The City shall obtain all required authorizations to close the Licensed Area and shall coordinate such closure with the County. 2.8 The City shall provide the County with reasonable notice of any permits, approvals, or authorizations required from regulatory agencies for the use of Bayview Park in accordance with this agreement. The County agrees to reasonably cooperate by executing or providing any necessary consents, acknowledgments, or other documentation required by such agencies, provided that such cooperation does not impose any financial obligation or legal liability on the County beyond what is expressly set forth in this Agreement. The County Manager (or designee) may execute all such documents. 3. Term and Termination 3.1 This Agreement shall become effective upon execution by both Parties; however, the term shall commence upon the City's receipt of all required governmental approvals, permits, and regulatory clearances necessary for the storage of debris at Bayview Park. The Agreement shall remain in effect until the completion of the demolition phase, unless extended or terminated earlier by mutual agreement. 3.2 Either Party may terminate this Agreement upon thirty (30) days' written notice to the other Party. 4. Noncompliance and Dispute Resolution 4.1 In the event the City fails to comply with any provision of this Agreement, the County shall provide the City with written notice specifying the nature of the noncompliance. The City shall have fifteen (15) days from the date of notice to cure the noncompliance. Interlocal —Collier County and City of Naples 2025 USE OF BAYVIEW PARK AS PIER RESTORATION DEBRIS STORAGE AREA 0010 4.2 If the City does not cure within the applicable time period, the matter shall be referred to the City Manager (or designee) and the County Manager (or designee) for good -faith discussions and resolution. The Parties shall make reasonable efforts to resolve the matter amicably before pursuing termination or legal remedies. Upon request by the City, the County Manager (or designee) may extend the cure period as reasonably necessary, provided that the City is diligently pursuing a resolution. 4.3 Nothing in this section shall be construed as a waiver of either Party's rights or obligations under this Agreement, but rather as a commitment to cooperative problem -solving before any formal enforcement action is taken. 5. Miscellaneous 5.1 This Agreement shall be governed by the laws of the State of Florida. 5.2 Any modifications to this Agreement must be in writing and signed by both Parties. 5.3 This Agreement constitutes the entire understanding between the Parties and supersedes any prior agreements or understandings. In WITNESS WHEREOF, the County and the City has caused this Interlocal agreement to be duly executed by their duly authorized officers, as of the day and year first written above. AS TO THE COUNTY: ATTEST: CRYSTAL K. KINZEL, Clerk By: , Deputy Clerk Approved as to form and legality: Sally Ashkar Assistant County Attorney AS TO THE CITY: !/ ATTEST: VA PATRICIA RAMBOSK, Clerk Approved as to form and legal sufficiency: NAF City Attorney BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA M BURT L. SAUNDERS, CHAIR CITY OF NAPLES, FLORIDA By: Interlocal — Collier County and City of Naples USE OF BAYVIEW PARK AS PIER RESTORATION DEBRIS STORAGE AREA 2025 GFO 547 4 �.. 4 •� �«'. �, e 4 5�r 1 •A,' • St' , r �i' hr• J �ji.�' `,~J • .j ., ;'x"l1 �i k `} #" n�\�7v . �4' Sy to } % f^ R•, * ,.• SO4 j� ie i �. ~ •� . � t I V 9 ' • ! 1i R.' '"+jam r`t�t `� •'*r;,�� r ��•.�{ . - yi � Wk 1605 �IYI,p! �•.I �. DarfordSt f r . Ap ,ami on arbor+l'r. Y.i IN WWI- M Y\ O- 4�, `Cl) • _ n :r Nl,fkc LOU(`Na,^.hs • 42 •i o ' - dL INUM 1. U EIVIM10ILM, Naples Pier Rebuild CITY OF NAPLES PUBLIC WORKS Timeline � September 2022 - Hurricane Ian April 2023 - Award of Design Contract to THA/MHK v October 2024 - Award of Construction Contract to Shoreline Foundation, Inc. Construction Schedule � Begins after USA Permit and FEM) Approval Overall 18 mont =: Demolition 4-6 n Bayview Park > Contractor removes pier debris Place on barge, take to Bayview Park, and then remove to landfill. No debris will be stacked on site. Use of Bayview only required for demolition portion of the Pier work. 4-6 months depending on difficulty Most of area will remain open. Use of the boat ramp will be maintained. � Limited daily and weekly operation. ooEstimated use would be 2 days per week. Thank You L� I fill] ITIPII111111FIV!�inll'ir,ire'rrir����;r�,,.,,,.,.,:,,,;.: — W— — �, 1,41 VA. 4L r 74 VS IrAl P, mg- .......... Oq JtO 4k. X1, - L"S- I ol N�ll jk,dRCH1TECTJRE Page 143 of 2568