Agenda 05/13/2013 Item #16A115/14/2013 16.A.11.
EXECUTIVE SUMMARY
Recommendation to approve an Interlocal Agreement between Collier County, the City of
Marco Island, and the Hideaway Beach District for Collier County to provide $350,000 in
Tourist Development Category "A" Funding representing Collier County's proportionate
share for three erosion control structures and future maintenance costs as part of the 2013
Hideaway Beach Renourishment and erosion control project and authorize the
Chairwoman to sign the Agreement.
OBJECTIVE: To approve an Interlocal Agreement providing $350,000 representing Collier
County's proportionate share for three erosion control structures and to fund Collier County's
proportionate share of their future maintenance costs.
CONSIDERATIONS: At the February 26, 2013 Board of County Commissioners (Board)
meeting (agenda item 16A14), the Board approved $350,000 in eligible costs for the FY13
Hideaway Beach erosion control structure project based on the January 16, 2013 Proportionality
Analysis conducted by Coastal Engineering consultants and reviewed by Collier County staff
and made a finding that this item promotes tourism.
The attached Interlocal Agreement provides $350,000 in Tourist Development Category "A" Tax
representing Collier County's prorate share for the three erosion control structures as part of the
2013 Hideaway Beach Renourishment and Erosion Control Project. The Agreement also
provides that Collier County will provide tourist development tax funding for the County's
proportionate share of the maintenance costs for the life of the erosion control structures.
FISCAL IMPACT: At the February 26, 2013 BCC meeting, a budget amendment was approved
moving funding from Tourist Development Tax Beach Renourishment Fund (195) reserves into
195 Project 80097.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan
related to this action.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office,
requires majority vote, and is legally sufficient for Board action. By entering into this
Agreement, the Board is specifically making the finding that both this Project and the ongoing
maintenance promotes tourism. — CMG
RECOMMENDATION: To approve an Interlocal Agreement between Collier County, the City
of Marco Island, and the Hideaway Beach District for Collier County to provide $350,000 in
Tourist Development Category "A" Funding representing Collier County's proportionate share
for three erosion control structures as part of the 2013 Hideaway Beach Renourishment and
erosion control project and future maintenance costs and authorize the Chairwoman to sign an
Interlocal Agreement.
Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management, Natural Resources Department
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Attachments: Interlocal Agreement
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5/14/2013 16.A.11.
5/14/2013 16.A.11.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.11.
Item Summary: Recommendation to approve an Interlocal Agreement between Collier
County, the City of Marco Island, and the Hideaway Beach District for Collier County to provide
$350,000 in Tourist Development Category "A" Funding representing Collier County's
proportionate share for three erosion control structures and future maintenance costs as part
of the 2013 Hideaway Beach Renourishment and erosion control project and authorize the
Chairwoman to sign the Agreement.
Meeting Date: 5/14/2013
Prepared By
Name: HambrightGail
Title: Accountant,Coastal Zone Management
4/10/2013 2:25:05 PM
Submitted by
Title: Accountant,Coastal Zone Management
Name: HambrightGail
4/10/2013 2:25:06 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 4/18/2013 11:05:55 AM
Name: McAlpinGary
Title: Director - Coastal Management Programs,Coastal Zon
Date: 4/23/2013 2:40:44 PM
Name: LaPierreBarbara
Title: Management/Budget Analyst,Transportation Administr
Date: 4/23/2013 4:14:18 PM
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Name: LorenzWilliam
Title: Director - CDES Engineering Services, Comprehensive
Date: 4/23/2013 5:26:08 PM
Name: KearnsAllison
Date: 4/24/2013 1:06:54 PM
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 4/25/2013 10:17:16 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 5/1/2013 8:37:40 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 5/1/2013 11:18:05 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 5/6/2013 10:07:01 AM
Name: OchsLeo
Title: County Manager
Date: 5/6/2013 4:40:29 PM
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INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY,
THE CITY OF MARCO ISLAND, AND THE HIDEAWAY
BEACH DISTRICT FOR COLLIER COUNTY TO PROVIDE
$350,000 IN TOURIST DEVELOPMENT CATEGORY "A" TAX
REPRESENTING COLLIER COUNTY'S PRORATA SHARE
FOR THREE EROSION CONTROL STRUCTURES AS PART OF
THE 2013 HIDEAWAY BEACH RENOURISHMENT AND
EROSION CONTROL PROJECT.
THIS INTERLOCAL AGREEMENT ( "Agreement "), is made and entered into this _
day of , 2013, by and between the Board of County Commissioners, the
governing body of Collier County, a political subdivision of the State of Florida, hereinafter
referred to as "County," the City of Marco Island, a Florida municipal corporation, hereinafter
referred to as "City," the Hideaway Beach District, a dependent special district within the
meaning of Ch. 189, Fla. Stat., and hereafter referred to as "District."
RECITALS:
WHEREAS, the County adopted a Tourist Development Category "A" Funding Policy
for beach renourishment and erosion control on November 1, 2005; and
WHEREAS, the goal of the County's adopted policy is to maintain and enhance the
shoreline beaches and provide visitors and residents convenient public beach access and quality
beach amenities; and
WHEREAS, the County reviewed a Grant Application from the City and the District on
October 23, 2012 and November 13, 2013, requesting $925,000 dollars to fund erosion control
structures on Hideaway Beach based on the approved Tourist Development Council (TDC)
Funding Policy; and
WHEREAS, the District has hired engineers to design, permit and construct a project to
renourish Hideaway Beach and provide three additional permanent erosion control structures
(the "Project "); and
WHEREAS, the County desires to fund its proportionate share of the Project related to
construction of permanent erosion control structures on Hideaway Beach; and
WHEREAS, the City and the District desire to fund the remainder of the Project
including the portion of the Project related to renourishment and the placement of sand on
Hideaway Beach; and
WHEREAS, the District shall be responsible for the costs for the annual monitoring
anticipated to be required by the permit for the Project to be issued by State of Florida,
Department of Environmental Protection (FDEP); and
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WHEREAS the County agrees to provide thirty-eight (38) percent of the maintenance
costs of these three (3) erosion control structures using Category "A" Funds for the County's
proportionate share of the maintance costs for the anticipated 25 year asset life, and the City and
the District agree to fund the remaining share of the maintenance costs.
WHEREAS, the Hideaway Beach District will be responsible for the engineering,
permitting (local, state and federal), design, construction, inspection and all permit compliance of
the Project; and
WHEREAS, the Board of County Commissioners hereby finds that this Project,
specifically including the County's proportionate share, is a project which promotes tourism in
Collier County.
NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS CONTAINED
HEREIN, THE PARTIES AGREE AS FOLLOWS:
RECITALS. The above recitals are true and correct and incorporated herein.
2. ELIGIBILITY AND FUNDING. The Hideaway Beach portion of the northern beach
area of Marco Island is eligible for TDC funding under the County adopted policy for the
construction of erosion control structures. The total cost requested by the City and the District is
$350,000 and will be funded by the County with Tourist Development Tax funds payable to the
City on a cost reimbursement basis, not to exceed $350,000 dollars, for the County's
proportionate share of the construction of the three erosion control structures based on pricing
submitted by the lowest, qualified and responsive bidder.
The City and District will provide the funding for the remainder of the Project including
the installation of the erosion control structures and renourishment portion of the Project.
The County agrees to provide thirty -eight (38) percent of the maintenance costs of these
three (3) erosion control structures using Category "A" Funds for the County's proportionate
share of the maintance costs for the anticipated 25 year asset life, and the City and the District
agree to fund the remaining share of the maintenance costs.
3. SPONSORSHIP. The City agrees to sponsor the Project on behalf of the District and to
secure funding to supplement the Tourist Development Tax funds for completion of the
renourishment and stabilization project and the professional services associated with the erosion
control structures and any cost overruns above the $350,000 approved by the County for its
proportionate share of construction of the three erosion control structures. Permits will be issued
in the City's name. The City and the District will obtain any additional permits required by
state, local or federal permitting agencies. The District will obtain any necessary easements from
the beachfront property owners in the area of the Project.
The County will maintain proportional ownership of the erosion control structures.
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4. CITY AND DISTRICT OBLIGATIONS.
The City and the District remain obligated to fund the entire Project less the total amount
pledged by the County of $350,000 representing the County's proportionate share of the public
benefit of the Project.
5. PRIVATE PROPERTY EASEMENTS. The District will process the necessary
easements from the property owners fronting on the Project area and grant the same rights under
those easements to the selected vendors and contractors for purposes of completing the Project.
The District will record those easements through the County Clerk's Office and notify the
County when this is complete.
6. DISTRICT TO COMPLETE PERMIT CONDITIONS. The District shall be responsible
to fulfill the ongoing obligations of the permits and all conditions of the permits such as annual
monitoring and continued maintenance of the erosion control structures and beach area.
7. PROJECT PERIOD. In order to complete the Project in a timely manner, the County
and City agree that the construction of the beach renourishment and stabilization Project will be
allowed to occur during sea turtle nesting season (May 1" to October 31't) provided it is
approved by the Florida Department of Environmental Protection and the Army Corps of
Engineers. The District shall follow all available techniques to minimize impact, if any, to sea
turtle nests.
8. INDEMNIFICATION. Each party shall be liable for its own actions and negligence and,
to the extent permitted by law, Collier County shall indemnify, defend and hold harmless the
District and the City against any actions, claims or damages arising out of Collier County's
negligence in connection with this Agreement, and the District and City shall indemnify, defend
and hold harmless Collier County against any actions, claims, or damages arising out of the
District and City's negligence in connection with this Agreement. The foregoing indemnification
shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes,
Section 768.28, nor shall the same be construed to constitute agreement by either party to
indemnify the other party for such other party's negligent, willful or intentional acts or omissions.
9. MISCELLANEOUS PROVISIONS.
A. Any and all notices, designations, consents, offers, acceptances, or other
communications provided for herein shall be given to the City and to the District, attention City
Manager, City of Marco Island, 50 Bald Eagle Drive, Marco Island, FL 34145. Notice to the
County, attention County Manager, Collier County Government Complex, 3299 Tamiami Trail
East, Naples, FL 34112.
B. This writing embodies the entire agreement and understandings between the
parties and there are no other agreements or understandings, oral or written, with reference to the
subject matter herein, no alteration change or modification to the terms of this Agreement shall
have any force or effect unless made in writing and signed by the parties hereto. This Agreement
shall be governed and construed in accordance with the laws of the State of Florida. This
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Agreement may be executed in each of several copies, each of which may be considered an
original.
C. Except as to the District, the City may not sell, transfer, or assign this Agreement,
or any part hereof, without the written consent of the County.
71116671
[Signature Page to Follow]
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IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be
executed the day and year aforesaid in counterparts, each counterpart to be considered an
original.
ATTEST:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
Approved as to form and
legal sufficiency:
teen M. Greene
Assistant County Attorney
ATTEST:
t�� -
aura Li , ity Clerk
Approved as to form and
legal sufficiency:
4ity Attorney
(SEAL)
09 0031/5321
71116671
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
GEORGIA A. HILLER, ESQ., Chairwoman
CITY OF MARCO ISLAND, FLORIDA
By: N
J TE, Chairman
HIDEAWAY BEACH DISTRICT
By:
I
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