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Agenda 07/11/2017 Item #16A1407/11/2017 EXECUTIVE SUMMARY Recommendation to approve an Amendment to the July 30, 2002 Interlocal Agreement by and between Collier County and the City of Marco Island resuming ownership, operation and maintenance responsibility for the entirety of County Road 92A (Goodland Road). OBJECTIVE: For the county to take back ownership of Goodland Road. CONSIDERATION: On July 30, 2002, the Board of County Commissioners (Board) entered into an Interlocal Agreement with the City of Marco Island in which the Board relinquished and transferred to the City all of its ownership of the entirety of County Road 92A as it existed within the boundaries of the City limits. The Agreement also provided for the County to budget and appropriate $1M on an annual basis for a period of 15 years in return for assuming roadway maintenance and operational responsibilities. Since the transfer several efforts have been made to encourage the City to maintain and rebuild the roadway. At the May 11, 2017, Joint Meeting of the Collier County Board of County Commissioners and Marco Island City Council, both the Board and the Council agreed: 1. To amend the Interlocal Agreement and turn responsibility of Goodland Road over to Collier County. 2. The County retains the $2M currently due the City of Marco Island from the existing Interlocal Agreement. 3. The City remit the impact fee revenue currently being withheld. 4. The City would support County initiated grant requests related to County Road 92A. On June 14, 2017, Collier County received a check from the City of Marco Island for the impact fee revenue which had been withheld. On June 19, 2017, the City of Marco Island approved an amendment to the July 30, 2002, Interlocal Agreement transferring ownership, operation and maintenance responsibility for the entirety of County Road 92A. FISCAL IMPACT: Normal maintenance activities over the next five years is anticipated to include a higher degree of incident response including addressing Water Over Road, road patching, roadside vegetation maintenance, roadside mowing, pathway maintenance, pavement marking maintenance and guardrail repair. The overall annual average maintenance costs prior to reconstruction are expected to be higher than post reconstruction and are estimated at $50,000. It is anticipated that the necessary improvements to the roadway will be over $5.7M inclusive of design, permitting, mitigation, construction and construction engineer and inspection services. County staff will incorporate phase estimates into the budget process. Post improvement maintenance activities over the first seven to ten years will predominantly be addressing roadside vegetation maintenance, roadside mowing, pathway maintenance, pavement marking maintenance and other incidental maintenance including guardrail repair, cross pipe cleaning and/or bridge/culvert maintenance. Estimated need for resurfacing would be between 10 to 15 years at a cost of approximately $100,000 per lane mile. Overall annual average including costs for resurfacing, vegetation and mowing maintenance, guardrail, pipe/culvert/bridge maintenance, pathway and pavement marking maintenance is estimated at $25,000. 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 07/11/2017 GROWTH MANAGEMENT IMPACT: There is no Growth Management impact related to this action. RECOMMENDATION: To approve and authorize its Chairman to execute the attached Amendment to the July 30, 2002 Interlocal Agreement between Collier County and the City of Marco Island to accept ownership, operation and maintenance responsibility for County Road 92A. Prepared by: Trinity Scott, Transportation Planning Manager, Capital Project Planning, Impact Fees & program Management Division ATTACHMENT(S) 1. July 30 2002 Interlocal Agreement (PDF) 2. Amended Interlocal Agreement (PDF) 07/11/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.14 Doc ID: 3394 Item Summary: Recommendation to approve an Amendment to the July 30, 2002 Interlocal Agreement by and between Collier County and the City of Marco Island resuming ownership, operation and maintenance responsibility for the entirety of County Road 92A (Goodland Road). Meeting Date: 07/11/2017 Prepared by: Title: Manager - Planning – Capital Project Planning, Impact Fees, and Program Management Name: Trinity Scott 06/19/2017 11:31 AM Submitted by: Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program Management Name: Amy Patterson 06/19/2017 11:31 AM Approved By: Review: Growth Management Department Judy Puig Additional Reviewer Completed 06/21/2017 4:58 PM Procurement Services Ted Coyman Additional Reviewer Completed 06/21/2017 5:31 PM Transportation Engineering Jay Ahmad Additional Reviewer Completed 06/22/2017 7:10 AM Procurement Services Barbara Lance Level 1 Purchasing Gatekeeper Completed 06/22/2017 8:02 AM Procurement Services Swainson Hall Additional Reviewer Completed 06/22/2017 11:13 AM Procurement Services Evelyn Colon Additional Reviewer Completed 06/22/2017 11:17 AM Transportation Engineering Trinity Scott Additional Reviewer Skipped 06/23/2017 4:07 PM Growth Management Operations Support Allison Kearns Additional Reviewer Completed 06/23/2017 4:09 PM Capital Project Planning, Impact Fees, and Program Management Trinity Scott Additional Reviewer Skipped 06/23/2017 4:10 PM Growth Management Department Trinity Scott Additional Reviewer Skipped 06/23/2017 4:12 PM Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 06/23/2017 5:04 PM Growth Management Department Kenneth Kovensky Additional Reviewer Completed 06/23/2017 5:24 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/26/2017 8:34 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 06/29/2017 1:28 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/30/2017 3:18 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/02/2017 11:37 AM 07/11/2017 Board of County Commissioners MaryJo Brock Meeting Pending 07/11/2017 9:00 AM Iota: 3034471 OR: 3095 PG; 2818 HC >n1 24.o0 CLIH f0 M M" HCOIDID ID Ut 0111CIAL HCOIDI of COLLIII C09M, IL CO[I11 5.00 I17II0111CI 4" 1L001 01/22/2002 at 01:09?N OMIGIf 1. IIOCt, CLIH 1117240 INTERLOCAL AGREEMENT BETWEEN THE CITY OF MARCO ISLAND AND COLLIER COUNTY TRANSFERRING JURISDICTION OF PUBLIC ROADS AND ROAD RIGHTS-OF-WAY WITHIN THE CITY LIMITS OF MARCO ISLAND This Interlocal Agreement between Collier County and the City of Marco Island made this -30 day of 2002, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "County," and the City of Marco Island, a municipal corporation, hereinafter referred to as "City." WHEREAS, on Agreement to transfer City; and WHEREAS, the WITNESSETH: y X99; the Co t irr"afu>lic roads and roar n jurisdiction certain speci:,ivadw Agreement; and 1 WHEREAS, the County and 1 desirable. the City entered into an Interlocal =way from the County to the from said transfer of in Exhibit "A" to this said exemption is no longer necessary or WITNESSETH: NOW, THEREFORE, in consideration of the premises, the above -stated clauses and other good and valuable consideration received and acknowledged by the parties to be sufficient, the County and City agree as follows: 1. The County does henceforth and in perpetuity, transfer the ownership and relinquish responsibility to the City for the maintenance and operation of the entirety of County Page I 2. OR: 3095 PG: 2879 Road 92 (CR 92) as it currently exists within the boundaries of the City as further described herein and all appurtenances thereto, including, but not limited to its road right-of-way, its traffic signs and pavement markings and its storm water drainage culverts crossing under or along CR 92 from its westerly terminus at the intersection of Collier Boulevard (SR 95 1) in a generally easterly direction to the western end of the approach to the Goodland Bridge (Collier County Bridge Number 030184, a distance of approximately 24,725 feet (approximately 4.7 miles). The County shall relinquish and transfer to the City, two [2] years after the execution of this agreement, all of its ownership to the entirety of County Road 92A (CR 92A), also known as Good1F limits. 3. Immediately upon th; a s y3 F� iii its operation of anre 92A (CR 92A ao boundaries of thety 4. known as to its road right-of-way, and all within the boundaries of the City County shall relinquish all of the entirety of County Road it currently exists within the thereto, including, but not limited pavement markings and its storm water drainage culverts crossing under or along CR 92A from its northerly terminus at the intersection of San Marco Road (CR 92) in a generally southerly direction to the City of Marco Island corporate line, a distance of approximately 2950 feet (approximately 0.55 miles). The City agrees it will not, in any way, impede egress and ingress to the residential and commercial currently unincorporated area known as "Goodland", an area located at the southerly end of CR 92A, currently outside the corporate boundaries of the City Page 2 OR: 3095 PG: 2880 and within Collier County, except for temporary closure for maintenance and construction. 5. The County agrees to budget and appropriate on an annual basis and pay to the City the sum of One Million Dollars [$1,000,000.00] per year for a period of fifteen [l5] years, in return for the City assuming, from October 1, 2002 and in the future. all maintenance and operational responsibilities for the roadway segments set forth in paragraphs one and two above, and for all roadways within the City as permitted under Florida Law. 6. The City, subject to the li 7. indemnify and hold hu l y damages, losses,,,,and c tsA intentional wrohitfiArrOscond City in the The s County,�J4, u " eqt, to the ; Indemnify and damages, losses, and ons of Florida Statutes, Section 768.28, shall ;o> nt `its o,cers and employees from liabilities, extent causeby,the negligence, recklessness, or fi �Cjtr�a d� arsons employed or utilized by the pemgnt. J Section 768.28, shall m s the City, i and employees, from liabilities, tswy tt►e negligence, recklessness, or intentional wrongful misconduct of the County and persons employed or utilized by the County in the performance of this Agreement. 8. The payments shall be made semi-annually, beginning with the first payment in the amount of Five Hundred Thousand Dollars ($500,000) on or before March 31, 2003 and each March thereafter; and the second payment in the amount of Five Hundred Thousand Dollars ($500,000) beginning on or before June 30, 2003, and each June Page 3 OR; 3095 PG; 2881 thereafter, until paid in full. The date and method of payments may be changed with the mutual prior written consent of the parties. 9. The source of funding for the County for the payments due pursuant to this Agreement shall be at the sole discretion of the County. 10. The effective date of this Agreement shall be October 1, 2002. 11. This Interlocal Agreement shall be recorded in the Public Records of Collier County. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their respective authorized signatories. •,� A; oc. clerk BY ' Depu P , ♦ ti 0', 1%7 BOARD OF COUNTY COLLIER COLMY, I Z"A� APPROVED AS TO FORM AND LEGAL SUFFICIENCY: �6 cqline Hu bard Robinson sistant County Attorney Page 4 .Glenn Tucker, Chairman APPROVED AS TO FORM & LEGALITY: 'e;4� "of- Z-./' Kenneth B. Cuyler City Attorney 09 4c lk — l I 7 yr J-d - � ; f/(•, • f tm, C��l��ll � `�,�c�j�f�.,t e ;i I .r','� `l i t , , ) � i , ,� �f 1� � I t t ��IIJ �ILrI'!�� c✓ n ; /� y ���/�/ .][_- _%� ` � �' ` Lac , .^.:.,..> eV ►I "\ • � ��, �. �. . � � � .i `'\� ✓;-fir \. � i ♦.♦j i . YOU - ,l 1 t a+► THE CITY OF ".. ...� 1 MARCO ISLAND VIM" AS OF AUGUST :G. 1997 N \\♦ -� ,) `�� 4�`` +� I. '+ — �. �r • titi. �sW.wr dlo « w..q m« IBM~ .. I..r r Irw w tpL 1ws hsN.rw Ms ar M« ad.." W «rww IN • Low tr.q.r N.«.M W .y1.WM Is Ib Mss. N ftfuLIKCM - - - •w - -- �— - • rn. �n �n c�wwwmOrymr MwtWAVAMMrtw lrrRf Muft AMENDMENT TO INTERLOCAL AGREEMENT DATED JULY 30, 2002, BY AND BETWEEN COLLIER COUNTY AND THE CITY OF MARCO ISLAND TRANSFERRING JURISDICTION OF PUBLIC ROADS AND ROAD RIGHTS-OF-WAY WITHIN THE CITY LIMITS OF MARCO ISLAND This Amendment to an Interlocal Agreement dated July 30, 2002, by and between Collier County and the City of Marco Island ("Amendment'), is dated this 20th day of June 2017, and is made by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "County," and the City of Marco Island, a municipal corporation, referred to as City. RECITALS: WHEREAS, on January 19, 1999, the County and the City entered into an Interlocal Agreement to transfer ownership of public roads and road rights-of-way from the County to the City; and WHEREAS, the above -referenced Interlocal Agreement exempted from said transfer of jurisdiction County Road 92A (CR 92A) as it currently exists within the boundaries of the City; and WHEREAS, pursuant to said Interlocal Agreement, the County relinquished and transferred to the City all of its ownership of the entirety of CR 92A, also known as Goodland Road as it existed within the boundaries of the City limits; and WHEREAS, the July 30, 2002 Interlocal Agreement provided that the County would "budget and appropriate on an annual basis and pay to the City the sum of One Million Dollars [$1,000,000.00] per year for a period of fifteen [15] years, in return for the City assuming, from October 1, 2002 and in the future, all maintenance and operational responsibilities for the roadway segments set forth in paragraphs one and two above, and for all roadways within the City as permitted under Florida Law;" and WHEREAS, the parties agree that Goodland Road will require an estimated $5,700,000 in improvements; and WHEREAS, the County has agreed it will take back ownership of Goodland Road and make the required improvements; and WHEREAS, the City wishes to aid the County with respect to obtaining grant funds to aid in these future expenditures. WITNESSETH: NOW THEREFORE, in consideration of the covenants contained below, 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. 2. Effective as of the date of this Amendment, the City hereby relinquishes and transfers to the County, in perpetuity, all of its ownership to the entirety of County Road 92A, also known as Goodland Road, as it now exists within the boundaries of the City limits. 3. Effective as of the date of this Amendment, the County shall resume all of its operation of and responsibility for the maintenance of the entirety of County Road 92A (CR 92A), also known as Goodland Road, as it currently exists within the boundaries of the City limits, and all appurtenances thereto, including, but not limited to its road right-of-way, its shared use pathways, its traffic signs and pavement markings and its storm water drainage culverts crossing under or along CR 92A from its northerly terminus at the intersection of San Marco Road (CR 92) in a generally southerly direction to the City of Marco Island corporate line, a distance of approximately 2950 feet (approximately 0.55 miles). 4. Paragraph 5 of the July 30, 2002 hiterlocal Agreement is hereby amended to reduce the period of $1,000,000 payments from fifteen (15) to thirteen (13). With this Amendment, the City acknowledges and agrees that the County's payment obligations under the July 30, 2002 Interlocal Agreement are satisfied in full and that no future payments by the County to the City are required. 5. The City agrees to cooperate with the County in any future grant application the County may file with respect to the current needed improvements to Goodland Road, which the parties estimate is $5,700,000. 6. The County hereby authorizes its County Manager and the City hereby authorizes its City Manager to take any and all administrative action required to implement this Amendment, including, but not limited to the assistance of the City in any effort by the County to obtain grant funding for the necessary improvements to Goodland Road. 7. Except as specifically set forth herein, the remaining terms of the July 30, 2002 Interlocal Agreement remain in full force and effect. z 8. The effective date of this Amendment shall be June 20, 2017. 9. This A m e n d m e n t shall be recorded by the County in the Public Records of Collier County. IN WITNESS WHEREOF, the parties hereby have caused these presents to be executed by their respective authorized signatories. DATE: ATTEST: DWIGHT E. BROCK, Clerk M , Deputy Clerk BOARD OF COUNTY COMMI' COLLIER COUNTY, FLORIDA Penny Taylor, Chairman Approved as to form and legality: Jeffrey A. Klatzkow, County Attorney 3 DATE: ATTEST: Laura M. Litzan, City Clerk , City Clerk Cy1was] 11uP\3K0111TA2"I Lary Honig, Chairman Approved as to form and legality: Alan L. Gabriel, City Attorney