Backup Documents 05/13/2025 Item #16F 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 F 4
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
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.
**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 Attomey Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. County Attorney Office County Attorney ,.. ,`�
Attn. Sally Ashkar g ,
�A 1 (‘
2. BCC Office Board of County Commissioners
g511 5425
3. Minutes and Records* Clerk of Court's Office
46196
*NOTE TO MINUTES AND RECORDS:
Please return an electronic copy of the document(s) to vera.ivanova@colliercountyfl.gov
PRIMARY CONTACT INFORMATION
h4i 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
��,0/' above,may need to contact staff for additional or missing information.
Name of Primary Staff Vera Ivanova/Real Property—TMSD—V Phone Number 239-252-7609
Contact/ Department Operations& Performance Management
Agenda Date Item was 05/13/2025 Agenda Item Number 16.F.4
Approved by the BCC
Type of Document Interlocal Agreement Number of Original 1
Attached Documents Attached
PO number or account 3001-120401-53010.1
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?STAMP OK N/A
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
signed by the Chairman,with the exception of most letters,must be reviewed and signed VI
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 VI
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 VI
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 above date,and all changes made during VI I 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 liriea
9. Initials of attorney verifying that the attached document is the version approved by the /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
16F4
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF MARCO ISLAND AND COLLIER COUNTY
FOR LOCATION OF DOCKS
This Agreement is entered into this 13 day of Play , 2025 ("Effective Date"),
by and between the CITY OF MARCO ISLAND, a municipal cororation organized under the
laws of the State of Florida,hereinafter referred to as"City," and COLLIER COUNTY,a political
subdivision of the State of Florida, hereinafter referred to as "County," collectively known as the
"Parties."
RECITALS:
WHEREAS, the Collier County Sheriff's Office (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
INSTR 6682833 OR 6469 PG 1804 1
RECORDED 5/16/2025 11:29 AM PAGES 10
CLERK OF THE CIRCUIT COURT AND COMPTROLLER Q
COLLIER COUNTY FLORIDA U
REC$86.50
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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 notify
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 notify 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 alternate 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 notify 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 10(ten)days of receipt of such notification in the event that construction costs exceed what
the City reasonably expects. If the City fails to notify the County 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 City 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 manner proposed
herein.
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The City also agrees r:eviae a non-exclusive right and license to the County to use the
MPD Dock, as rnutua1 ao ;.ed upon, in the event of exigent circumstances. The Parties
understand and agree that tee County's usage of the MPD Dock shall be exclusively limited to law
enforcement and public safety activities and shall not be used for any other purpose.
3. Use of County Property.The County hereby agrees to provide 24/7 access through County-
owned property located at 990 N Barfield 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 of the 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 Operations. The City and County agree to coordinate and
cooperate in the use of the 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 notify
the other Party in advance of any 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 of'he properties for their law enforcement purposes.
5. Maintenance and Utilit.es. The Co_ ;.„ shall be responsible for all operating costs
associated with the CCSO Dock, including, but not limited to, maintenance, utilities, and
ins*urance. The City shall he responsible for all operating costs associated with the MPD Dock,
including, but not I.mited to, maintenance, utilities,and insurance.
The County shall not be responsible for any maintenance to the Property.
6. Indemnification. To the extent provided by law, the Parties agree to hold harmless,
indemnify, and defend the other party including its agents, officers, directors and employees for
any and all claims, losses, penalties, demands, judgments, and costs of suits for any expense,
damage or liability incurred, whether for personal injury, property damage, or direct damages
arising directly or indirectly arising from or in connection with the use of the Property under the
terms of this Agreemeni, except for such damage or liability which is caused solely by the
negligence of the other party. This indemnification shall not be deemed a waiver of any limitation
of Lability to which either party may be entitied under Florida Statutes, including but not limited
to Section 768.28, Florida Statutes.
7. Miscellaneous.
The City and the County vfill amicably attempt to resolve any conflicts that arise out of
this Agreement. If the Partic: ^arnct resolve an item,the Parties will then participate in voluntary
mediation in an attempt to r olve eny conflicts. If following voluntary mediation there a-e any
items that cannot been resc'..,•d. the parties shall utilize the process set forth within the Florida
Governmental Conflict Resol:Etion Act, Chapter 164, Florida Statutes, This Agreement may be
enforced by the Parties - any monner authorized by law, and the only remedy is specific
performance for violation f,pie i,erms and conditions of Fhis Agreement. Each party shall bear its
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own costs and attorney'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 written 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 of the date
first above written.
AS TO COLLIER COUNTY:
DATED: 5//3/2(22 Jr'
ATTEST: _- ,, 9'17"GO o BOARD OF COUNTY COMMISSIONERS,
CRYSTAL . Z ,;Ce}4rk COLLIER COUNTY, FLORIDA
6
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I ' S//.� , ./._L'4 By:
.it),_ wf r [ , eputy Clerk B L. S U1'4/tdaccomies--
,,,,,,,,,....,ron, , CHAIRMAN
ste4 prtdthairman's
..signature only
Approved I o fo I and legality:
Sa ly •NP ar; Assistant County Attorney
1C(li\l''S
Signatures continued on next page.
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AS TO THE CITY OF MARCO ISLAND:
DATED: Li (I- f o z5
ATTEST: CIT OF MARCO ISLAND, FLORIDA
B
CAI -. City Clerk Erik Brec nitz, Ch.
ila
Ap r ed as to form d legality:
f - 411)
Alan L. Gabriel, City Attorney
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DESCRIPTION
A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 52 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, ALSO
BEING THAT PORTION OF CEDAR WATERWAY AS SHOWN ON THE PLAT OF MARCO BEACH UNIT FOUR, RECORDED IN
PLAT BOOK 6, PAGE 35 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CCRNER OF TRACT "D" OF SAID PLAT OF MARCO BEACH UNIT FOUR THENCE;
N.64'17'31"E. FOR A DISTANCE OF 25.00 FEET, THENCE; S.25'42'29"E. FOR A DISTANCE OF 52.33 FEET, THENCE;
S.64'17'31"W. FOR A DISTANCE OF 25.00 FEET, THENCE; N.25'42'29"W. FOR A DISTANCE OF FEET TO THE POINT
OF BEGINNING.
CONTAINING 16,745 SQ. F. OR 0.38 ACRES, MORE OR LESS.
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Y
M
PARCEL No. 57140040009
n COLLIER COUNTY
(ORB 1166, PG 583) POINT OF BEGINNING i�
"LOT 1, BLOCK 781" —_.— MOST NORTHERLY CORNER
TRACT "D"
A REPLAT OF A MARCO BEACH UNIT NO.4
PORTION OF MARCO
BEACH, UNIT FOUR
(PB 12, PG 19) N., (CO
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Z 0 12.5 E5 50
7� (INTENDED DISPLAY SCALE: 1,-'50')
t / . �' .
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L
0
1 UNE TABLE
L
v MARCO BEACH, UNIT FOUR LINE BEARING I DISTANCE
"PART
(PB 6, PCA32)CT D" L1 I N64 17'31"E 25.00'
n PARCEL No. 56930400009 L2 525'42'29"E 52.33'
S CITY OF MARCO ISLAND
(ORB 4394, PG 191) L3 S64'17'31"W 25.00'
A.
k L4 I N25'42'29"W 52.33'
S
45 I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND
'8 NOILS: BEUEF, THAT THIS SURVEY WAS PREPARED IN
A.2.
1. THIS IS NOT A BOUNDARY SURVEY, NOR IS IT INTENDED TO BE ACCORDANCE WIN THE APPUCABLE PROVISIONS OF
USED AS ONE CHAPTER 5J-17.05, FLORIDA ADMINISTRATIVE CODE,
I 2. BEARINGS ARE BASED ON THE NORTHEASTERLY UNE OF TRACT PURSUANT TO CHAPTER 472, FLOR:DA STATUTES
S "D", MARCO BEACH UNIT FOUR, PLAT BOOK 6, PAGE 35, OF Digitally sign
n THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING g y 51 g
,� SOUTH 25'42'29" EAST. David by Davie) Hyatt
3. PARCEL CONTAINS 1,308 SQUARE FEET OR 0.030 ACRES, MORE
OR LESS. ` ,a++ Date: 2023.12.19
y l l 08:04:46 -05'00'
r.
A THIS SURVEY HAS BEEN DIGITALLY SIGNED BY:
vi DAVID J. HYATT (FOR THE FIRM LB. 642)
Xf ' ( A PROFESSIONAL SURVEYOR AND MAPPER
� _ �,. FLORIDA CERTIFICATE NO. 5834
c§i ON THE DATE ADJACENT TO THE SEAL.
Psgfrot PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED
SIGNED AND SEALED, AND THE DIGITAL SIGNATURE MUST
BE VERIFIED ON ANY ELECTRONIC COPIES.
SKETCH &DESCRIPTION
JOHNSON ENGINEERING. INC. A PORTION OF
a JOHNS (
235D STANFORO COURT
NAPLES, FLORIDA 34112 IUARCO BEACH, UNIT 4
N PHONE: (239) 434-0333
ENGINEERING E.B. 1642 & LB. 1642 DATE PROJECT NO. FILE NO. SCALE Si.ET
r 12/2023 20236164-000 08-52-26 1" 50' 1 of 1
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EXH!: C
Pape. .I - + .._
T Op
t 4�' 4.. y United States Department of the Interior
ter;' ,• t a FISH AND WILDLIFE SERVICE
Raleigh Field Office
7414 S ,e0.'4 Post Office Box 33726
Raleigh,North Carolina 27636-3726
GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE
Precautionary Measures for Construction Activities in North Carolina Waters
The West Indian manatee(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.
1531 et seq.)and the Marine Mammal Protection Act of 1972, as amended (16 U.S.0 1461 et seq.). The
manatee is also listed as endangered under the North Carolina Endangered Species Act of 1987 (Article
25 of Chapter 113 of the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead
Federal agency responsible for the protection and recovery of the West Indian manatee under the
provisions of the Endangered Species Act.
Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have been
recorded at lengths greater than 13 feet and weighing as much as 3,500 pounds. Manatees are commonly
found in fresh,brackish, or marine water habitats, including shallow coastal bays, lagoons,estuaries, and
inland rivers of varying salinity extremes. Manatees spend much of their time underwater or partly
submerged, making them difficult to detect even in shallow water. While the manatee's principal
stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North
Carolina with most occurrences reported from June through October.
To protect manatees in North Carolina, the Service's Raleigh Field Office has prepared precautionary
measures for general construction activities in waters used by the species. Implementation of these
measures will allow in-water projects which do not require blasting to proceed without adverse impacts to
manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment
or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental
document prepared pursuant to the National Environmental Policy Act, will expedite the Service's review
of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act.
These measures include:
1 The project manager and/or contractor will inform all personnel associated with the project that
manatees may be present in the project area, and the need to avoid any harm to these endangered
mammals. The project manager will ensure that all construction personnel know the general appearance
of the species and their habit of moving about completely or partially submerged in shallow water. All
construction personnel will 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 Protection Act and the Endangered Species Act.
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3. If 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 from 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. 919-856-4520),the National Marine Fisheries Service(ph.252-
728-8762),and the North Carolina Wildlife Resources Commission(ph.252-448-1546).
5. A sign will be posted in all vessels associated with the project where it is clearly visible to the vessel
operator. The sign 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 operating 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-
448-1546).
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 associated with the construction project will operate 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. 02/2017):
U.S. Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
919/856-4520
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Figure 1. The whole body of the West Indian manatee may be visible in clear water; but in the dark and
muddy waters of coastal North Carolina, one normally sees only a small part of the head when the
manatee raises its nose to breathe.
t_.
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Ski
illustration used with the permission of the North Carolina State Museum of Natural Sciences.
Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna 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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