Agenda 09/23/2014 Item #16A 49/23/2014 16.A.4.
EXECUTIVE SUMMARY
Recommendation to approve a revised version of the Memorandum of Agreement between Collier
County and the Big Cypress National Preserve (in place of an earlier Board approved version)
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: On June 24, 2014 (Item 16A16) the Board of County Commissioners approved a
Memorandum of Agreement (MOA) between Collier County and the Big Cypress National Preserve. The
agreement was never executed however because shortly after Board approval, staff from the National
Park Service communicated that it required some additional language in the agreement. The additional
language has now been added to the updated MOA. The updated MOA includes standard language for
administering agreements that the National Park Service enters into with non - Federal entities in
accordance with Title 16, Chapter 1 of the United States Code. The additional language is referred to as
"Standard Clauses" and begins on the bottom of page three, paragraphs A through C, and ends on page 5.
Staff requests that the Board approves the revised agreement in place of the earlier Board approved
version. Some additional facts about the project follow.
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 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- permittee 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.
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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.
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 revised memorandum of agreement between the
National Park Service Big Cypress National Preserve and Collier County in place of the earlier Board
approved version and direct the Board Chairman to execute the attached agreement after final review by
the County Attorney's Office.
Prepared By: Jerry Kurtz, Principal Project Manager, Growth Management Division
Attachment: (1) Revised Memorandum of Agreement— strikethrough underline version
(2) Project Location Map
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9/23/2014 16.A.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.4.
Item Summary: Recommendation to approve a revised version of the Memorandum of
Agreement between Collier County and the Big Cypress National Preserve (in place of an earlier
Board approved version) 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: 9/23/2014
Prepared By
Name: KurtzGerald
Title: Project Manager, Principal, Transportation Road Maintenance
8/25/2014 4:48:34 PM
Approved By
Name: VlietJohn
Title: Director - Road Maintenance, Road Maintenance
Date: 8/27/2014 4:53:01 PM
Name: TaylorLisa
Title: Management/Budget Analyst, Transportation Administration
Date: 8/28/2014 8:04:16 AM
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 9/2/2014 5:09:38 PM
Name: KearnsAllison
Title: Manager Financial & Operational Support, Transportation Administration
Date: 9/3/2014 9:28:11 AM
Name: ShueGene
Title: Director - Operations Support, Transportation Administration
Date: 9/5/2014 11:49:56 AM
Name: LorenzWilliam
Title: Director - CDES Engineering Services, Natural Resources
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Date: 9/5/2014 4:29:57 PM
Name: GossardTravis
Title: Superintendent - Roads & Bridges, Road Maintenance
Date: 9/8/2014 8:18:43 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 9/9/2014 7:51:56 AM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 9/12/2014 11:38:18 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/12/2014 4:50:46 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 9/15/2014 10:42:44 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 9/15/2014 4:12:53 PM
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9/23/2014 16.A.4.
Revised version with additions underlined and deletions sow4 Mr -ough
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 3 414 1.
AUTHORITY
This agreement is entered into under the authority of 16 U.S.C. § 1bt5Z
RECITALS:
WHEREAS, the BCNP was recently awarded anticipated to total $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.
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WITNESSETH:
NOW, THEREFORE, in consideration of the above promises and other good and
valuable consideration exchanged amongst the parties, and in consideration of the covenants
contained herein, the parties agree as follows:
A. All of the above recitals are true and correct and are hereby expressly incorporated
herein by reference as if set forth fully below.
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.
I 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:
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BCNP: COUNTY:
J.D. Lee, Deputy 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
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 remain 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.
STANDARD CLAUSES
A. Civil Rights
During the performance of this Agreement, the participants agree to abide by the terms of
U.S. Department of the Interior - 'Civil Rights Assurance Certification, non-
discrimination and will not discriminate against any person because of race color,
religion, sex or national origin The participants will take affirmative action to ensure
that applicants are employed without regard to their race color, sexual orientation
national origin, disabilities religion, a-ge, or sex
B. Promotions
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The County will not publicize or otherwise circulate promotional material (such as
advertisements, sales brochures press releases speeches still and motion pictures
articles. manuscripts or other publications) which states or implies Governmental
Departmental, bureau, or Government employee endorsement of a product service or
position which the repository represents No release of information relating to this
Agreement may state or imply that the Government approves of the County's work
Product, or considers the Count's work product to be superior to other products or
services.
C. Public Information Release
1. Public Information
(a) The County will not publicize or otherwise circulate promotional material
(such as advertisements sales brochures press releases speeches
pictures, still and motion pictures articles manuscripts or other
publications) which states or implies Federal Government, Departmental
bureau, or Federal Government employee endorsement of a product,
service, or position which the [Partner] represents No release of
information relating to this Agreement may state or imply that the Federal
Government approves of the work product of the jParmerl or considers the
(Partner's] work product to be superior to other products or services
(b) The County will ensure that all information submitted for publication or
other public releases of information regarding this project will carry the
following disclaimer:
"The views and conclusions contained in this document are those of the
authors and should not be interpreted as representing the opinions or
policies of the U.S. Government Mention of trade names or commercial
products does not constitute their endorsement by the U S Government."
(C) The County will obtain prior NPS approval from the regional public
affhi , office for any public information release that refers to the
Department of the Interior any bureau or emploby name or title) or
to this Agreement. The specific text, layout, photographs etc of the
ap oposed release must be submitted to the agreements technical
representative who will forward such materials to the public affairs office
along with the request for approval
(d) The County agrees to include the above provisions of this Article in any
sub -award to an y sub - recipient. except for a sub award to a state
government, a local government, or to a federally recognized Indian tribal
government.
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2. Publications of Results of Studies
No party will unilaterally_ publish a joint publication without consulting the other
party. This restriction does not apply to popular publication of previously
published technical matter. Publications pursuant to this Agreement may be
produced independently or in collaboration with others; however, in all cases
proper credit will be given to the efforts of those parties contributing to the
publication. In the event no agreement is reached concerning the manner of
publication or interpretation of results, either party may_ publish data after due
notice and submission of the proposed manuscripts to the other. In such instances,
the part publishing the data will give due credit to the cooperation but assume
M responsibility for any statements on which there is a difference of opinion.
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
Print Name and Title
First Witness:
Print Name:
Second Witness:
Print Name:
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Attest:
DWIGHT E. BROCK, Clerk
C
, Deputy Clerk
Approved as to form and legality:
Scott R. Teach
Deputy County Attorney
9/23/2014 16.A.4.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, Chairman
0
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