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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 1 @ 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. 2 @ 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 3 oA.o 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 4 @ 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. E I EN :I 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 soulH 25.42'29' E Sr.5. PARCEL COMANS 1,JO8 SOIIARE FEET OR O.Ot() rcRES. MORE oR t-Ess. POINT OF BEGTNNING MOST NORTHERLY CORNER TRACT ,,0,, MARCO BEACH UNIT NO.4 ?ffi-tr (ll{IE}lolD DtsPtlY scr'tE t'-so) UNE TABLE LJNE BEARING DISTANCE L1 N6417'51-E 25.00' a s25?2'29'E 52.3J' L3 s64'17'31'tY 25.O0' L1 N2542'29'W 52.33', I rcNEBY CENTTY, TO'IHE ffiT OF YY IfiOTiLMGE AIIO BAJEF. IHAT THIS g'R\,TY UAS PREPARED $I ACCORDAI,ICE UTH ru APruC^8I5 PRO\4SONS OF CHAPIER &F.I7.O5. FLqDA ^I)NNE]RANIE COOE PURS'ANT M O{TPIM ,+72 RIRIDA STATUTES David '|r'#,lilil:i Hyatt,,, 3ifi;:13;,tJ,' IHIS SURVEY HAS BTI'{ OGITAI'I-Y SGNED 8Y: DAVID J HYATT (rOR lHE nRI LE. E+2) PROFESSONAL SI,lR\EYffi AND UAPFER FI-ORIDA CERIIFICAIE NO. 58:'+G{ IHE OAIE ADJACTNT TO IHE SEAL PRMTB) COFIIS OF''IHIS OOCUUtr{T ARE NOT CONSDERED SIGNED AT{D SEATID. A}IO IHE DIOTAL SIGT{ATURE IIUST BE VERIRM ON A}IY E.ECIROMC COPIES. { I { "&of+*.2z- <,ptA,#L 4r^ i f,i I Tri 5t E T 0t tt E I E * 6 R R N6 ct EXHIE.|TA Prgr--e-- ol , I Gq SKETCH & DESCRIPTION APORTION OF MARCO BEACH, UNIT4JoHNSANJOHNSON E'lGll{EERt{G. ll{C. 2530 sr^xroRD @uRT ll^PI.€S. R RIOA 3{112 Pl{oNE (23s) 4S4-0:rsJ LB. 1612 & LB. ,6+2.ENGINEERING to, 202f6'i6F000tt rnfir Ftt ito 08-52-28 t'-50 IgIEI | ,ort scAtEnt Page 2950 of 5243 I E , J (oo EF z JrIooo (,- F 0JIL E3! - E; q, 9i 98 E; EguJg kL-z- N=t EE E3E:r lg^A: f EF As EE" B3 6t!.f; E; PE EEo-t u .Jr= u6 (9 ZEtrur{ f,4o6s (oo o uJ uF o oE- 3e d*-i:'oPze{@di6 EE = E utFoolr rH,,oz =bE , I , ,Ulttdvgt3 EJ 6 r F2 UJ =F fi E.Ftul 5 , U J t6 =oYJ UJ U tso @ 3Nr"t AJ-USdoud I , z. =UJd.. t Jultrn .ozooo I ,t oozttr-r [i* a) I tr ,o O.5>tLooH:UJOE E4iE i,frze t ! , t UJ!(L )zooo a z F oJ L ,Y,TJ rO ro.ot () q o u? N t o c\,i I ooY tlJ L! (JQxoH.ood t ..q' oN' rqo ,N rN + h tN o6 oo *t <r4q= Ounh .-i = >aaXuol9urrtrloiiiiJ 31eE=SO-Ju[<Fo<FO-t:zse5az8 N o o tzoa^ oF9t&ofll,!FO0( >adF "19Hg fiE? P:B*E E 8E;8 OFEaFH5dq9 pxE Eg TE;" OE&fiPru(,>-.1oozo)<9Prr:tr8*<(o(r)=YQozhtdt"o6 Y^ Fm 'ma ft9:PE HEH?E?i\06O-J(,2(Jq ss N6 bbb -ociooN o @ oo o o >a)u-z EOUL>t e8 5il bL<FoaLFfzoio< z o.vooo oz oJlr @ IroooFo fi(u?<s.-N =6 X i-.6 =8sFIP =5;5=u v>A;t>o 8#H ?tra E33 o @ I I xooo TLo url- co a Page 2951 of 5243 EXi:' i:,r'._ I 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 ("9 Page 2952 of 5243 *'-,, cs 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 2 @ Page 2953 of 5243 ,i....;- -, |.. 5 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. -<{,e- ----:-_- c 3 frTB 3 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. d) A-r 6 Page 2954 of 5243