Agenda 05/26/2015 Item #16C1 5/26/2015 16.C.1.
EXECUTIVE SUMMARY
Recommendation to approve an Access Agreement with South Florida Water Management District
to access and maintain existing telemetry equipment on a monitoring well at the South County
Water Reclamation Facility.
OBJECTIVE: That the Board of County Commissioners of Collier County, Florida, as the Governing
Body of Collier County and Ex-Officio the Governing Board of the Collier County Water-Sewer District
(District) approves an Access Agreement to enable the South Florida Water Management District
(SFWMD) to continue to access and maintain existing telemetry equipment. The public purpose is to
assist the SFWMD to collect data to improve decision making and operation of the flood control system
in the Big Cypress Basin.
CONSIDERATIONS: The District obtained a permit in July 2001 from the Florida Department of
Environmental Protection to construct a monitoring well at the South County Water Reclamation Facility
on Warren Street. In July 2005 the SFWMD installed telemetry equipment on the District's monitoring
well and began recording data in September 2005. Approval of this item will put the proper
documentation in place to allow the monitoring to continue
FISCAL IMPACT: The cost of recording the Access Agreement will not exceed $55 and shall be paid
by the SFWMD.There is no fiscal impact to the District.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
for Board action. —JAB
GROWTH MANAGEMENT IMPACT:No growth management impact is associated with this action.
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida, as Ex-
Officio the Governing Board of the Collier County Water-Sewer District, approves and authorizes the
Chairman to execute the attached Access Agreement, and directs the County Manager or his designee to
follow appropriate closing procedures and record the Access Agreement in the official records of Collier
County,Florida.
Prepared By:Toni A. Mott,Manager,Real Property Management/Facilities Management
Attachments: Access Agreement
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5/26/2015 16.C.1 .
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.C.16.C.1.
Item Summary: Recommendation to approve an Access Agreement with South Florida
Water Management District to access and maintain existing telemetry equipment on a
monitoring well at the South County Water Reclamation Facility.
Meeting Date: 5/26/2015
Prepared By
Name: ChmelikTom
Title: Division Director-Public Utilities Eng, Public Utilities Engineering
4/24/2015 11:21:45 AM
Submitted by
Title: Division Director-Public Utilities Eng, Public Utilities Engineering
Name: ChmelikTom
4/24/2015 11:21:46 AM
Approved By
Name: HapkeMargie
Title: Recycling Coordinator, Solid&Hazardous Waste Management
Date: 4/28/2015 8:53:03 AM
Name: JohnssenBeth
Title: Division Director-Wastewater, Wastewater
Date: 4/28/2015 9:54:35 AM
Name: Mott Toni
Title: Manager-Property Acquisition &Const M, Facilities Management
Date: 4/28/2015 9:56:30 AM
Name: JacobsSusan
Title: Operations Analyst, Wastewater
Date: 4/28/2015 10:02:58 AM
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5/26/2015 16.C.1 .
Name: Joseph Bellone
Title: Division Director-Operations Support,Utilities Finance Operations
Date: 4/28/2015 12:02:40 PM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 4/29/2015 8:24:34 AM
Name: YilmazGeorge
Title: Department Head-Public Utilities,Public Utilities Department
Date: 5/12/2015 8:47:44 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/12/2015 12:47:20 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 5/14/2015 3:46:31 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 5/14/2015 5:05:16 PM
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5/26/2015 16.C.1.
Prepared by and return to:
Marcy Zehnder,Section Leader
Real Estate Management Section
South Florida Water Management District
Post Office Box 24680
West Palm Beach,Florida 33416-4680
ACCESS AGREEMENT
THIS ACCESS AGREEMENT ("Agreement") is dated as of ,
2015, between BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-
OFFICIO THE GOVERNING BOARD OF COLLIER COUNTY WATER-SEWER
DISTRICT ("Owner"), whose mailing address is 3301 Tamiami Trail, Naples, Florida 3411.2
and the SOUTH FLORIDA WATER MANAGEMENT DISTRICT ("SFWMD"), whose
address is 3301 Gun Club Road,West Palm Beach,Florida 33406.
AGREEMENT
For good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Owner and SFWMD agree as follows:
1. Permission to Enter Land. Owner does hereby grant to SFWMD and its
employees, agents, and contractors non-exclusive permission to enter onto Owner's land
described in Exhibit A (the"Premises") from time to time during the Term of this Agreement for
the purpose of undertaking the installation and maintenance of telemetry equipment and
collection of data from the monitoring well (SCRWRF Project). The permission granted
hereunder is limited solely to the use of those areas of the Premises described on the site plan
contained in Exhibit B. Only SFWMD's employees, agents, and contractors, will be allowed to
enter and use the Premises. SFWMD will provide to Owner, for Owner's use, data collected
from the SCRWRF Project. SFWMD shall be solely responsible for the installation and
monitoring of the SCRWRF Project. SFWMD and its employees, agents, and contractors may
enter the Premises for installation, general maintenance and data collection activities only on
weekdays between the hours of 7:00 a.m. and 5:00 p.m. In the event that SFWMD or its
employees, agents, or contractors enter the Premises on a weekday prior to 5:00 p.m. in
accordance with this Agreement, they may stay beyond 5:00 p.m. to complete any activities
initiated. In accordance with County Ordinance 2007-64, SFWMD employees, agents, or
contractors, who intend to work unescorted or after normal work hours, will have to get issued
contractor badges through Facilities Management.
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AceESS Ae��zynem. r .,
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2. Term. The term of this Agreement (the "Term") shall commence upon the date
written above and be continuous use unless notification by either party. Notwithstanding the
foregoing provisions, either party may terminate this Agreement upon sixty (60) days prior
written notice to the other party. Upon expiration or earlier termination of this Agreement,
SFWMD will remove its equipment from the Premises and repair any damage caused by its use
of the Premises and restore the Premises to its condition existing on the date of this Agreement,
reasonable wear and tear excepted.
3. Compliance with Laws; Performance of Work. SFWMD will comply with all
laws, ordinances, and governmental rules and regulations which apply to the Project and the use
of the Premises. SFWMD will perform the work in a safe, skillful and competent manner and in
accordance with the terms and conditions of all permits required for the Project.
4. Liability/Contractor Insurance. SFWMD acknowledges SFWMD's liability for
torts to the extent provided and allowed under Section 768.28, Florida Statutes. While this
Agreement is in effect, SFWMD shall cause its contractors to maintain Comprehensive General
Liability Insurance with a limit of$1,000,000 per occurrence and$2,000,000 general aggregate.
SFWMD shall cause its contractors to provide Owner with a certificate of insurance evidencing
such coverage and naming Owner as an additional insured.
5. Severability Captions. If any provision of this Agreement or if the application of
any provision of this Agreement is found by a court of law to be invalid or unenforceable, it shall
not make the entire Agreement invalid or unenforceable. Rather, each and every other provision
of this Agreement shall be valid and enforceable to the fullest extent permitted by law. The
headings of the various paragraphs are for convenience only and do not limit the agreement.
6. Complete Agreement. This document contains the complete agreement between
Owner and SFWMD concerning the activities to be conducted on the Premises in connection
with the Project. SFWMD further understands and agrees that SFWMD has no right to rely on
any statement or promise which is not in writing and contained in this Agreement or a written
amendment to this Agreement.
7. Notices. Except as provided in Section 1 of this Agreement, any notice given in
connection with this Agreement shall be given in writing and shall be delivered either by hand to
the party, any form of overnight mail, or by certified mail, return receipt requested, to the party
at the party's address stated herein. Any party may change its address or any other contact.
information stated herein by giving notice of the change in accordance with this article.
The parties to this Agreement agree that they have read and understand all of the terms contained
in this Agreement and that they have executed this Agreement on the date set forth in the first
paragraph above.
f CCESS AGREEanEaT
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OWNER:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY,FLORIDA,AS THE
GOVERNING BODY OF COLLIER COUNTY
AND AS EX-OFFICIO THE GOVERNING
BOARD OF THE COLLIER COUNTY
WATER-SEWER DISTRICT
ATTEST: BY:
DWIGHT E. BROCK Tim Nance, Chairman
Deputy Clerk
Approved as to form and legality:
Jennifer A. Belpedio \6)
Assistant County Attorney C ) �\�
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F}ccess Aa.legeln£lJT
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o AZr —..w..--'0 �.�%. SFWMD:
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(Corporate Seal)s� SEAL ^�"� SOUTH FLORIDA WATER
F —'"�'"'- rR°� = MANAGEMENT DISTRICT
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ATTEST: ►►►u1it►l►a By:
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Dan O'Keefe, Chain'
By: Nov /.sue.:
Jacki McGorty,Distri; '
��lerk/.: retary
Legal Form Approved
Office of Co sel
By: ,rz /iii—e--(
Andrew Ross
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this oS 1 day of April, 2015,
by Dan O'Keefe and Jacki McGorty, Governing Board Chairman and District Clerk/Secretary,
respectively, of the South Florida Water Management District, a governmental entity created by
Chapter 373,Florida Statutes,on behalf of the entity, who are personally kno Ito me.
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EXHIBIT"A"
A portion of the Owner's lands located in Section 20,Township 50 South,Range 26 East, as
recorded in Official Records Book 1244, page 982,public records of Collier County, Florida;
also described as a portion of Collier County Property Appraiser's Parcel ID 00431680002
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