Agenda 05/13/2025 Item #16F 4 (Interlocal Agreement between the City of Marco Island and Collier County for the location of docks to store and deploy law enforcement vessels)5/13/2025
Item # 16.F.4
ID# 2025-1363
Executive Summary
Recommendation to approve an Interlocal Agreement between the City of Marco Island and Collier County for the
location of docks to store and deploy law enforcement vessels.
OBJECTIVE: To approve an Interlocal Agreement between the City of Marco Island and Collier County for new
floating docks to store and deploy law enforcement vessels.
CONSIDERATIONS: The Collier County Sheriff’s Office (“CCSO”) and the Marco Police Department (“MPD”)
require new floating docks for storing and deploying their law enforcement vessels. Collier County (“County”) and the
City of Marco Island (“City”) have engaged J. Foster Consulting to design the docks and explore optional dredging. J.
Foster Consulting has applied for state and federal permits for the project.
Under the interlocal agreement, the County has the right to construct a floating dock adjacent to City-owned property at
807 E Elkham Cir., Marco Island, FL 34145 (“CCSO Dock”), as detailed in Exhibit B of the agreement. The CCSO
Dock will be used exclusively for public safety and law enforcement purposes. The County is solely responsible for all
construction costs.
The County will also manage the construction of an additional floating dock for the Marco Island Police Department
(“MPD Dock”), located adjacent to the CCSO Dock, as shown in Exhibit B. The MPD Dock will also serve public
safety and law enforcement needs. The City must notify the County within four (4) months of the agreement’s effective
date if it wishes to proceed with the MPD Dock. If no notification is received within this period, the City will be
considered to have declined participation, forfeiting its right to construct the MPD Dock, and the County will have no
further obligations regarding the construction of the MPD Dock.
Once construction bids are received, the County will inform the City of the selected contractor and costs. If the City
finds the costs to be unreasonable, it may withdraw from the project within ten (10) days of notification. If the City fails
to respond within this timeframe, it will be deemed to have agreed to proceed. In the event of withdrawal, the City
forfeits its right to construct the MPD Dock, and the County will have no further obligations related to the construction
of the MPD Dock. Should the City proceed, it will be solely responsible for issuing a Purchase Order and directly
managing all payments to the contractor for the MPD Dock’s construction.
The County will be responsible for all operating costs related to the CCSO Dock, including maintenance, utilities, and
insurance. The City will be responsible for all operating costs related to the MPD Dock, including maintenance, utilities,
and insurance. All other provisions of the Interlocal Agreement remain in effect, regardless of the City’s decision on the
MPD Dock.
The City of Marco Island approved and executed the attached Interlocal Agreement on April 7, 2025.
This item is consistent with the Infrastructure, Asset Management, and Quality of Place elements of the Collier County
Strategic Plan.
FISCAL IMPACT: There are no fiscal impacts associated with this action.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and
legality and requires majority vote for approval. -JAK
RECOMMENDATIONS: To approve an Interlocal Agreement between the City of Marco Island and Collier County
for the location of docks.
Page 2943 of 5243
5/13/2025
Item # 16.F.4
ID# 2025-1363
PREPARED BY: Brian DeLony, Director, Facilities Management Division
ATTACHMENTS:
1. Interlocal Dock Boat Agreement
Page 2944 of 5243
INTERLOCAL AGRBEMENT BETWEEN
THE CITY OF MARCO ISLAND AND COLLIER COUNTY
FOR LOCATION OF DOCKS
This Agreement is entered into this _ day of 2025 ("Effective Date"),
by and between the CITY OF MARCO ISLAND, a municipal corporation organized under the
laws ofthe State of Florida, hereinafterreferred to as "City," and COLLIERCOUNTY, apolitical
subdivision of the State of Florida, hereinafter referred to as "County," collectively known as the
"Parties.o'
RECITALS:
WHEREAS, the Collier County Sheriffs Offrce (CCSO) and the Marco Island Police
Department (MPD) require new floating docks to store and deploy their law enforcement vessels;
and
WHEREAS, Collier County is in the process of designing, permitting, and constructing a
dock situated in the waters off the shore of Marco Island, accessible from property owned by the
County and for use by CCSO; and
WHEREAS, the City is also in need of an adjacent dock for use by the Marco Island Police
Department; and
WHEREAS, the docks will be used for public safety and law enforcement purposes; and
WHEREAS, the Parties wish to coordinate construction for both docks to ensure that the
needs of local law enforcement are met; and
WHEREAS, the Parties have determined it is in the best interest of the health, safety, and
welfare of the public to approve the proposed Agreement.
WITNESSETH:
NOW, THEREFORE, in consideration of the promises and obligations set forth below, the
County and the City hereby agree as follows:
1. Construction of Docks.
CCSO Dock. The County shall have the right to construct a dock in the water adjacent to
the City-owned property (the "CCSO Dock") located at 807 E Elkham Cir., Marco Island, FL
34145 (the "Property"), as depicted in Exhibit "A," attached hereto and incorporated herein. The
CCSO Dock shall be used for public safety and law enforcement purposes. The County shall be
responsible for all aspects of construction and shall construct the CCSO Dock at its sole cost and
expense.
MPD Dock. The County agrees to manage the construction of an additional floating dock
for the benefit of the Marco Island Police Department (the "MPD Dock"), located adjacent to the
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Page 2945 of 5243
CCSO Dock, as shown in Exhibit "B," which is attached hereto and incorporated by reference.
The MPD Dock shall be used for public safety and law enforcement purposes. The City shall notifu
the County whether it wishes to proceed with the MPD Dock no later than four (4) months after
the Effective Date of this Agreement. In the event that the City fails to noti$ the County within
the specified time frame, such failure shall be deemed as a refusal by the City to move forward
with the MPD Dock. Upon any such refusal, the City understands and agrees that it forfeits its
right to construct the MPD Dock and the County shall have no further obligations or
responsibilities related to the MPD Dock. In the event that the City does not wish to proceed with
the MPD Dock or otherwise forfeits its right to construct the MPD Dock, all other terms and
conditions contained in this Agreement shall continue to remain in effect.
Construction. The County and the City shall coordinate to prepare a mutually agreeable
scope of work for construction of the CCSO and MPD Docks. The County shall be responsible for
soliciting the construction bids for the MPD dock listed as an altemate scope in the bid schedule.
The County shall have the sole right to choose a contractor for construction of the MPD Dock
consistent with its procurement procedures. The City shall be solely responsible for directly issuing
a purchase order and processing all payments directly to the contractor for the construction of the
MPD Dock.
The County shall noti$ the City of the proposed construction costs once the bids have been
received and a contractor has been chosen by the County. The City may withdraw from this project
within l0 (ten) days of receipt of such notification in the event that construction costs exceed what
the City reasonably expects. If the City fails to notifu the Counry within the specified period of
any such withdrawal, such failure shall be deemed as an agreement by the City to proceed with the
MPD Dock. Upon any such withdrawal, the City understands and agrees that it forfeits its right to
construct the MPD Dock, and the County shall have no further obligations or responsibilities
related to the MPD Dock. In the event that the City does not wish to proceed with the MPD Dock
or otherwise forfeits its right to construct it, all other terms and conditions in this Agreement shall
remain in effect.
Should the Collier County Board of County Commissioners decide not to proceed with
construction of the CCSO Dock, or otherwise rejects the award of a construction agreement to a
contractor for the CCSO Dock, this Agreement shall become null and void and the Parties shall
have no further responsibilities or obligations under this Agreement, including, but not limited to,
any obligations related to construction of the MPD Dock.
The City agrees to cooperate with the County to obtain any permits required for the CCSO
and MPD Docks construction, including, but not limited to, providing any required authorizations.
The County shall be responsible for paying the CCSO and MPD Dock permit fees.
The City and the County agree to adhere to the provisions outlined in the Guidelines for
Avoiding Impacts to the West Indian Manatee issued by the United States Department of the
Interior regarding compliance with Section 7 of the Endangered Species Act as depicted in Exhibit
"C," attached hereto and incorporated herein.
2. Use of Citv Property. The City hereby grants County a non-exclusive right and license to
the riparian rights vested in the Property to facilitate use of the CCSO Dock in the mannerproposed
herein.
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Page 2946 of 5243
The City also agrees to provide a non-exclusive right and license to the County to use the
MPD Dock, as mutually agreed upon, in the event of exigent circumstances, The Parlies
understand and agree that the County's usage ofthe MPD Dock shall be exclusively limited to law
enforcement and public safety activities and shall not be used for any other purpose,
3. Use ofcounty Property. The County hereby agrees to provide 2417 access through County-
owned property located at 990 N Batfield Dr., Marco Island, FL 34145 to the City to access the
MPD Dock.
The County also agrees to provide a non-exclusive right and license to the City to use the
CCSO Dock for City access to the MPD Dock. The Parties understand and agree that the City's
usage ofthe CCSO Dock and access shall be exclusively limited to law enforcement and public
safety activities and shall not be used for any other purpose.
4, Mutual Coordination of Ooerations. The City and County agree to coordinate and
cooperate in the use ofthe Docks to ensure that their respective law enforcement and public safety
activities operations do not conflict with one another, To the extent possible, each Party will notip
the other Party in advance ofany planned activities that may impact the other Party's operations.
The Parties will work together in good faith to resolve any potential conflicts and ensure the
efficient and effective use ofthe properties for their law enfolcement purposes.
Mainlcnanc: and Utilities. The Coun ty shall be responsible for all operating costs
assocjated wilh th: CCSO Dock, including, but not limited to, maintenance, utilities, and
insurance. I'he Cit,.'shall be responsible fot all operating costs associated with the MPD Dock,
including, but not Iimited to, maintenance, utilities, and insurance,
The County shall not be responsible for any mainlenance to the Prope(y.
6. Indemnificalion. To the exlent provided by law, the Parties agree to hold harmless,
indemnifr, and defend the other party including its agents, officers, directors and employees for
any and all claims, losses, penalties, demands, judgrnents, and costs of suits for any expensc,
damage or liability incurred, whether for personal injury, prope(y damage, or direct darnages
arising directly or indirectly arising from or in connection with the use ofthe Property under the
terms of this Agreemert, except for such damage or liability which is caused solely by the
negligence ofthe other p;lrty, This indernnification shall not be deerned a waiver ofany limitation
of liability to which eithel pa(y rnay be entilled under Florida Statutes, including but not timited
to Section 768.28, Florida Statutes.
5,
The City and the County will alnicably attempt to resolve any conflicts that arise out of
this Agreement, Ifthe Parties cannot resolve an item, the Parties will then participate in voluntary
mediation in an attempt to resolve any conflicts. If follorving voluntary mediation there are any
items that cannot been resolved, the parties shal! utilize th; process set forth within the Florida
covernmental conflict Resolution Act, chapter 164, Florida statutes, This Agreement may be
enforced by the Parties in any rnanner authorized by law, and the only remedy is speiific
performance for violation ofthe terms and conditions ofthis Agreement. Each party shall bear its
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7, M iscellaneous.
Page 2947 of 5243
own costs and attomey's fees related to this matter.
This Agreement contains the entire agreement of the Parties with respect to the matters
covered by this Agreement and no other agreement, statement or promise made any party, or to
any employee, officer or agent of any party, which is not contained in this Agreement shall be
binding or valid.
This is the entire agreement between the Parties with respect to the matters set forth herein,
and shall supersede any prior agreements or understandings. This Agreement can only be amended
by mutual wriuen consent of the Parties.
In the event state or federal laws are enacted after the execution of this Agreement, which
are 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.
This Agreement is intended for the benefit of the Parties hereto. This Agreement does not
confer any rights or remedies upon any non-party to this Agreement, and no third-party has any
right whatsoever to enforce any provision of the Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as ofthe date
first above written.
AS TO COLLIER COUNTY:
DATED:
ATTEST:
CRYSTAL K. KINZEL, CICTK
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
By
Deputy Clerk BURT L. SAUNDERS. CHAIRMAN
By
Approved as to form and legality:
Sally A. Ashkar, Assistant County Attorney
$r+
Signatures continued on next page
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Page 2948 of 5243
AS TO THE CITY OF MARCO ISLAND:
D^rED: q [t fzoz5
MARCO ISLAND, FLORIDA
City Clerk
as to
Alan L. Gabriel, City Auorney
5 (D
By
Page 2949 of 5243
DESCRIPTION
A PARCEL OF I.AI.ID LYING IN SECTION 8, TOWNSHIP 52 SOUTH. RAI{GE 26 EAST, COLUER COUNTY, FLORIDA ALSO
BEING T}!AT PORTION OF CEDAR WATERWAY AS SHOWN ON THE PIAT OF MARCO BEACH UNTT FOUR, RECOROED IN
PI.AT BOOK 6. PAGE 55 OT THE PUBUC RECORDS OF COLUER COUNTY. FLORIDA. BEING MORE PARTICUI.ARLY
DESCRIBED AS FOLLOYJS:
BEGINilING AT THE MOST NORIHERLY CORNER OF TRACT 'D" OF SAID PIST OF iiARCO BEACH UNTT FOUR ITIENCE:
N.6f17'J1'E. FoR A DISrANCE OF 25.00 FEEr, THENCE; S.2$42'29'E. FOR A DlSfAl.lCE OF 52.33 FEEI. THENCEI
s.64'17'31'W. FoR A DlsfAiIcE oF 25.oo FEET. THENCE; N.25.42'29a,. fon A DlsfAlttcE oF FEEI To THE potNT
OF BEGIN}IINO.
CONIAINING 16,745 SQ. FT. OR O.5B ACRES. MORE OR IFSS.
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PARCEL No. 57140040009
COLUER COUNTY
(oRB 1166, PG 583)
'LOT 1, BLOCK 781',
A REPI.AT OF A
PORT]ON OF MARCO
BEACH. UNIT FOUR
(PB 12. PG ls)
BEACH, UNIT FOUR,PART OF TRACT D,
(PB 6, PG 32)
PARCEL No. $6930$0009
cmr pF MARco lsl-Ar{D
(oRB 4394, PG 191)
NOIES1. THE IS NgT A BOt'NDARI SIJRI/EY, NOR IS IT INIENDED TO 8E
t sED AS 0{E2. BEARINCS ARE BASED ON IHE NOMHASIERLY UNE OF TRACT
'D'. ttARCO BE^CH Ut{n FOUR. PLAT 8(rcX 6. PAGE 35, OF
IHE PUBUC RE@RDS OF COLUB COUNTY. FLORIOA SENG
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United States Department of the Interior
FISH AND WLDLIFE SERVICE
Raleigh Ficld Office
Post Office Box 33726
Raleigh, Nonh Carolina 27 636-3726
GUIDELINES FOR AVOIDING IMPACTS TO THE Wf,ST INDIAN MANATEf,
Precautionrry Measures for Construction Activiti6 in North Crrolina Wetelr
The West Indian nanal€E (Trichechus manatus), also known as the Florida manatee, is a Federally-listed
endangered aquatic mammal protected under the Endangered Species Act of 1973, as amended (16 U.S.C.
l53l et seq.) and lhe Marine Mammal Protection Acl of 1972, as amended (16 U.S.C 146l et seq.). The
manatee is also lisled as endangered under the Nonh Carolina Endangered Species Acl of l9E7 (Article
25 of Chapter ll3 of the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead
Federal agency responsible for th€ protection and recovery of the Wesl Indian manatee under the
provisions ofthe Endangercd Species Act.
Adult manatees average l0 feet long and weigh about 2,200 pounds, although some individuals have been
recorded at lengths grealer than l3 f€el and weighing as much as 3,500 pounds. Manatees are commonly
found in fresh, brackish, or marine water habitals, including shallow coaslal bays, lagoons, estuaries, and
inland rivers of varying salinity extremes. Manatees spend much of their time underwster or partly
submerged, making them difncult to d€tect even in shallow water. While the manatee's principal
stronghold in the United Slales is Florida, the species is considered a seasonal inhabitant of Nonh
Carolina with most occuffences reported from June through October.
To protect manatees in Norrh Carolina, the Service's Raleigh Field Oflice has prepared precautionary
measurcs for gen€ral construction activities in waters used by the species. Implemenlation of thes€
mesures will allow in-water projects which do not require blasting to proceed without adverse impacts to
manalees. In addition, inclusion ofthese guidelines as conservation measures in a Biological Assessment
or Biological Evaluation, or as parl of the determination of impacts on the manatee in an environmental
documenl prepared pursuant lo the National Environmental Policy Act, rvill expedite the Service's review
of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act.
These measures include:
I The project manager and/or contractor will inform all personnel associated with the project lhat
manalees may be present in the project are4 and lhe need to avoid any harm to these endangered
mammals. The project manager will ensure that all construction personnel know the general app€arance
of the species and their habit of moving about complaely or partially submerged in shallow waler. All
construction personnel rvill be informed that they are responsible for observing water-related activities for
the presence of manatees.
2. The project manager and/or the contractor will advise all construction personnel that there are civil and
criminal penalties for harming, harassing, or killing manatees which are protected under the Marine
Mammal Prolection Act and the Endangered Species Act.
c3
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Page 2952 of 5243
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3.lf a manatee is seen within 100 yards of the active construction and/or dredging operation or vessel
movement, all appropriate precautions will be implemented to ensure protection of the manatee. These
precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet
of the operational area of the equipment. Activities will not resume until the manatee has departed the
project area on its own volition (i.e., it may not be herded or harassed fiom the area)-
4. Any collision with and/or injury to a manatee will be reported immediately. The report must be made
to the U.S. Fish and Wildlife Service (ph. 9 l9-856 4520), the National Marine Fisheries Service (ph. 252-
"t28-8762), and the North Carolina Wildlife Resources Commission (ph.252448-1546).
5. A sign will be posted in all vessels associated with the project where it is clearly visible to the vessel
operator. The sigrr should state:
CAUTION: The endangered manatee may occur in these waters during the warmer months,
primarily from June through October. Idle speed is required if operafing this vessel in shallow
water during these months. All equipment must be shut down if a manatee comes within 50 feet
of the vessel or operating equipment. A collision with and/or injury to the manatee must be
reported immediately to the U.S. Fish and Wildlife Service (919-856-4520), the National Marine
Fisheries Service (252-728-8762), and the North Carolina Wildlife Resources Commission (252-
448-r s46).
6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to manatees during
project activities. Upon completion of the action, the project manager will prepare a report which
summarizes all information on manatees encountered and submit the report to the Service's Raleigh Field
Office.
7. All vessels associaled with the construction project will opcrate at "no wake/idle" speeds at all times
while in water where the draft of the vessel provides less than a four foot clearance from the bottom. All
vessels will follow routes of deep water whenever possible.
8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of material in
which manatees cannot become entangled; (b) secured in a manner that they cannot break free and
entangle manatees; and, (c) regularly monitored to ensure that manatees have not become entangled.
Barriers will be placed in a manner to allow manatees entry to or exit from essential habitat.
Prepared by (rev. 0212017):
U.S. Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 276363726
9't9/856{520
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Page 2953 of 5243
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Figure l. The whole body of the Wesr Indian manatee may be visible in clear water; but in the dark and
muddy watels of coastal North carotina, one normally secs only a small part of the head when the
manatee raises its nose to breathe.
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Illuslration used with the permission ofthe North C$olina State Museum ofNatural Sciences.
Source: Clark, M. K. 198?. Endangered, Threatened, and Rare Fsuna of North Carolina: Part I. A re-
evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987-3. North
Carolina State Museum of Natural Sciences. Raleigh, NC. pp- 52.
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Page 2954 of 5243