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Agenda 06/24/2014 Item #16A166/24/2014 16.A.16. EXECUTIVE SUMMARY Recommendation to approve a Memorandum of Agreement between Collier County and the Big Cypress National Preserve detailing the terms of a combined effort designed to restore a more natural surface water flow pattern to a section of the Turner River. OBJECTIVE: To assist staff of the National Park Service Big Cypress National Preserve with completion of the Turner River Restoration Plan. CONSIDERATIONS: Turner River is located approximately 5.5 miles east of State Road 29 within the boundary of the Big Cypress National Preserve. Turner River can be accessed from a park canoe launch area along Tamiami Trail East (US 41). The river generally flows north to south perpendicular to and beneath Tamiami Trail. Approximately one additional mile to the east of Turner River is Turner River Road and Turner River Canal. Construction of the canal and the adjacent Turner River Road many years ago altered the flow pattern of the natural Turner River. The National Park Service Big Cypress National Preserve has been working on an effort to restore more natural surface water flows to the Turner River area since 1980. Currently Turner River gets most of its base flow from adjacent wetlands and the manmade Turner River Canal via two existing culverts. The existing culverts convey water from east to west from the canal under Turner River Road and into Turner River. The current culverts are undersized and restricting flow. Installation of additional culverts will provide more surface water flow to the Turner River and decrease the potential of peak canal stages overtopping Turner River Road. Turner River Road is a county maintained road located within the Big Cypress National Preserve. During the rainy season, water from the canal washes out sections of the lime rock roadway creating water quality issues and costly maintenance repairs for the County Road Maintenance Department. Big Cypress National Preserve has received a $60,000 grant for the restoration effort from the South Florida National Parks Trust (SFNPT) to be spent over a two year period. The grant funds will cover all necessary materials to add three additional sets of culverts under Turner River Road. Collier County's contribution will be to furnish all labor and equipment needed to install the additional culverts. The main details of this restoration project partnership are listed in the attached Memorandum of Agreement. Big Cypress National Preserve staff will complete all the design and permitting work. Per a permitting pre- application meeting discussion held January 28, 2014, Collier County will be co- pennittee for the necessary environmental resource permits. It is estimated to take six to nine months to permit the project. FISCAL IMPACT: The value of in -kind culvert installation services provided by the County Road Maintenance Department is estimated to be $40,000. Once installed, the new culverts will have a life cycle exceeding 50 years. Recurring annual operation and maintenance cost are estimated to be approximately $100 /culvert/yr. The new culverts will be maintained by the Road Maintenance Department, Fund 101. Packet Page -693- 6/24/2014 16.A.16. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval. —SRT GROWTH MANAGEMENT IMPACT: Restoration of surface water flows of the Turner River is in accordance with the goals and objectives of the Drainage Sub - element of the Growth Management Plan. RECOMMENDATION: To approve the attached Memorandum of Agreement between the National Park Service Big Cypress National Preserve and Collier County and direct the Board Chairman to execute the agreement after final review by the County Attorney's Office. Prepared By: Jerry Kurtz, Principal Project Manager, Growth Management Division Attaclunent: (1) Memorandum of Agreement (2) Project Location Map Packet Page -694- 6/24/2014 16.A.16. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.16. Item Summary: Recommendation to approve a Memorandum of Agreement between Collier County and the Big Cypress National Preserve detailing the terms of a combined effort designed to restore a more natural surface water flow pattern to a section of the Turner River. Meeting Date: 6/24/2014 Prepared By Name: KurtzGerald Title: Project Manager, Principal, Transportation Road Maintenance 5/28/2014 6:13:02 PM Submitted by Title: Project Manager, Principal, Transportation Road Maintenance Name: KurtzGerald 5/28/2014 6:13:03 PM Approved By Name: V1ietJohn Title: Director - Road Maintenance, Road Maintenance Date: 5/29/2014 11:25:07 AM Name: LaPierreBarbara Title: Management/Budget Analyst, Transportation Administration Date: 5/29/2014 5:00:13 PM Name: PuigJudy Title: Operations Analyst, Community Development & Environmental Services Date: 6/3/2014 3:06:30 PM Name: KearnsAllison Title: Manager Financial & Operational Support, Transportation Administration Date: 6/4/2014 4:41:13 PM Packet Page -695- 6/24/2014 16.A.16. Name: TaylorLisa Title: Management/Budget Analyst, Transportation Administration Date: 6/5/2014 2:49:53 PM Name: LaPierreBarbara Title: Management/Budget Analyst, Transportation Administration Date: 6/6/2014 10:26:01 AM Name: LorenzWilliam Title: Director - CDES Engineering Services, Natural Resources Date: 6/7/2014 10:09:36 AM Name: TeachScott Title: Deputy County Attorney, County Attorney Date: 6/9/2014 2:05:51 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 6/10/2014 11:10:35 AM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management Date: 6/11/2014 11:00:08 AM Name: KlatzkowJeff Title: County Attorney, Date: 6/13/2014 11:28:00 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 6/16/2014 11:34:35 AM Packet Page -696- 6/24/2014 16.A.16. Packet Page -697- 0- Cu W �i� u 6/24/2014 16.A.16. MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into this of * 2014, by and between COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "COUNTY") and the BIG CYPRESS NATIONAL PRESERVE, a federal agency within the National Park Service and under the United States Department of the Interior (hereinafter referred to as `BCNP') whose address is 33100 Tamiami Trail East, Ochopee, Florida 34141. RECITALS• WHEREAS, the BCNP was recently awarded $60,000.00 from the private, non -profit South Florida National Parks Trust to help correct and enhance natural hydrologic conditions in the headwaters of the Turner River located in eastern Collier County, Florida; and WHEREAS, despite prior re- diversion efforts in the 1990's to restore water flow to the Turner River, the water delivery system remains undersized relative to the size of its pre - drainage contributing watershed, which causes the river to be only partially navigable; and WHEREAS, the BCNP and the COUNTY have a shared interest in the restoration of Flow of the Turner River including but not limited to: (1) the project's location within and alongside the right -of -way of a county -owned road, (2) the mutual goal of rehydrating wetland and stream systems within conservation lands negatively affected by road and canal infrastructure, (3) the desire to prevent damaging high water overtopping the roadway, and (4) the benefits of dual agency project cost savings; and WHEREAS, the BCNP and the COUNTY have the experience, resources and expertise to combine efforts and jointly submit permit applications and to apportion construction and maintenance responsibilities amongst themselves as project partners on the Turner River Flow Enhancement Project (hereinafter, the "Project''') as more fully set forth below; and WHEREAS, the BCNP and COUNTY have determined and mutually agree that it is economically advantageous and in the best interest of the public to consummate this Agreement to correct and enhance the natural hydrologic conditions in the Turner River. WITNESSETH: NOW, THEREFORE, in consideration valuable consideration exchanged amongst the contained herein, the parties agree as follows: of the above promises and other good and parties, and in consideration of the covenants A. All of the above recitals are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. re Packet Page -698- 6/24/2014 16.A.16. B. This Agreement shall be executed upon approval by the Board of County Commissioners and by an authorized representative of the BCNP. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the Agreement is fully executed. The County shall pay all costs of recording this Agreement. C. This Agreement is a commitment by the Parties to perform as follows: 1. BCNP and the COUNTY shall be co- applicants on the joint permit application for the Project. BCNP shall be responsible for 100 percent of the permitting, including providing additional information as required during permit review and any mitigation obligations that may arise during review. 2. BCNP shall be fully responsible for the canal infilling aspect of the Project, which shall include without limitation the installation and maintenance of five 100 to 250 foot sections of the Turner River Canal. BCNP will also be responsible for supplying all pipe, concrete, rip -rap and other materials necessary to complete the work. 3. County shall be responsible for: a. All equipment and labor necessary for installation of dual 24 -inch, high density polyethylene (HDPE) culverts, at three locations on Turner River Road, estimated to require about a month of work time. b. Future maintenance of the installed culverts. 4. A copy of the Overview Map of the Turner River Flow Enhancements Project detailing the Existing Condition (Problem), the Proposed Condition (Solution), including the placement of the new proposed culverts is attached hereto as Exhibit "A." 5. BCNP and COUNTY agree to assign their below designated contract agent/representatives to coordinate going forward and to synchronize the management of their respective responsibilities on the permitting and construction of the Project: BCNP: COUNTY: J.D. Lee, Acting Superintendent Gerald Kurtz, Principal Project Manager National Park Service Growth Management Division Big Cypress National Preserve 2885 S. Horseshoe Drive 33100 Tamiami Trail E. Naples, FL 34104 Ochopee, Florida 34141 Page 2 of 4 Packet Page -699- 6/24/2014 16.A.16. D. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it The parties, however, may amend this agreement to provide further specificity, if necessary, once the permitting process is concluded and the plans and details regarding procurement and construction are more fully known. E. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by their respective agencies. F. This Agreement shall retrain in full force and effect from the date first above written and shall terminate upon the completion of services and responsibilities outlined herein as mutually performed by BCNP and by COUNTY to the written satisfaction each to the other. G. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. NATIONAL PARK SERVICE BIG CYPRESS NATIONAL PRESERVE By: Print Name and Title First Witness: Print Name: Second Witness: Page 3 of 4 J-- Packet Paae -700- 6/24/2014 16.A.16. Print Name: Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA LE , Deputy Clerk Approved as to form and legality: Scott R. Teach Deputy County Attorney : TOM BENNING, Chairman Page 4 of 4 Packet Page -701- F0. I