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Agenda 02/28/2012 Item #16A122/28/2012 Item 16.A.12. EXECUTIVE SUMMARY Recommendation to approve an Agreement between the Collier County Sheriffs Office and Board of County Commissioners of Collier County for the construction and maintenance of a concrete wall between widened Oil Well Road and the Sheriffs substation located on the southeast corner of the Corkscrew Middle School property. Fiscal Impact: Not to Exceed $15,000. Project No. 60044. OBJECTIVE: To construct a wall between expanded Oil Well Road and the Sheriffs substation for the protection of Sheriff's personnel and students and visitors to the substation, with the Sheriff assuming all maintenance responsibilities for the wall thereafter. CONSIDERATIONS: Oil Well Road has been expanded by Collier County from two lanes to four in front of Corkscrew Middle School on whose property is located a Sheriff substation. In order to protect personnel and visitors at the substation, the Sheriff has requested that the County construct a short section of concrete wall between the roadway and the substation. In exchange the Sheriff promises to assume all maintenance responsibility for the wall. This proposal has the full support of Collier County School District staff. FISCAL IMPACT: The cost of installing the proposed wall on the County's right -of -way is estimated to not exceed $15,000. Funding is available from allowance monies on the existing Mitchell and Stark Contract # 09 -5287, approved by the Board on December 15, 2009. Source of funds are Gas Taxes. Per the Agreement, Sheriff shall assume complete and total responsibility for maintenance, repair and /or replacement of said wall. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this recommendation. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is legally sufficient for Board action, and requires a majority vote for approval. -JAK RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: 1) Approve the attached Agreement in concept, and authorize its Chairman to execute same on behalf of the Board once it has been executed by the Sheriff and reviewed and approved by the County Attorney; 2) Authorize the County Manager or his designee to undertake construction of said wall; and 3) Authorize any and all budget amendments, which may be required to carry out the collective will of the Board. Prepared By: Kevin Hendricks, Right -of -Way Acquisition Manager Packet Page -1147- 2/28/2012 Item 16.A.12. Attachments: (1) Agreement with exhibit. Packet Page -1148- COLLIER COUNTY Board of County Commissioners Item Number: 16.A.12. 2/28/2012 Item 16.A.12. Item Summary: Recommendation to approve an Agreement between the Collier County Sheriff's Office and Board of County Commissioners of Collier County for the construction and maintenance of a concrete wall between widened Oil Well Road and the Sheriff's substation located on the southeast corner of the Corkscrew Middle School property. Fiscal Impact: $15,000. Project No. 60044. Meeting Date: 2/28/2012 Prepared By Name: HendricksKevin Title: Manager - Right of Way,Transportation Engineering 2/14/2012 5:08:39 PM Approved By Name: AhmadJay Title: Director - Transportation Engineering,Transportation Engineering & Construction Management Date: 2/16/2012 11:44:52 AM Name: DuganKevin Title: Project Manager,Transportation Engineering & Const Date: 2/16/2012 12:53:51 PM Name: LynchDiane Title: Administrative Assistant Date: 2/16/2012 3:42:08 PM Name: TaylorLisa Title: Management/Budget Analyst,Transportation Administr Date: 2/17/2012 7:35:54 AM Name: KlatzkowJeff Title: County Attorney Date: 2/17/2012 9:43:48 AM Name: FederNorman Packet Page -1149- 2/28/2012 Item 16.A.12. Title: Administrator - Growth Management Div,Transportati Date: 2/17/2012 9:46:59 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 2/17/2012 9:53:26 AM Name: KlatzkowJeff Title: County Attorney Date: 2/17/2012 3:41:04 PM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 2/21/2012 11:44:45 AM Name: SheffieldMichael Title: Manager- Business Operations, CMO Date: 2/21/2012 2:09:48 PM Packet Page -1150- 2/28/2012 Item 16.A.12. AGREEMENT THIS AGREEMENT is made and entered into on this day of 2012, by and between the Collier County Sheriffs Office, whose mailing address is 3219 East Tamiami Trail, Building J, Naples, FL, 34112 (hereinafter referred to as "Sheriff'), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "County "). WITNESSETH: WHEREAS, the westbound lanes of Oil Well Road have been moved thirty (30) feet further to the north as a result four - laning of Oil Well between Immokalee Road and the Golden Gate Main Canal; and WHEREAS, Sheriff has requested and County has agreed to construct a concrete wall between the roadway and the mobile home as shown on Exhibit "A;" and WHEREAS, Sheriff acknowledges that it will be responsible for continuing and perpetual maintenance of not only the interior but also the exterior surfaces of said wall; and WHEREAS, Sheriff acknowledges that County will have no obligation whatsoever for the maintenance and /or repair of said wall. NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. County shall construct an eight (8) foot high concrete wall in substantially the same location as is shown on Exhibit "A." 2. Sheriff shall assume complete and total responsibility for maintenance, repair and /or replacement of said wall 3. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and may only be modified by written amendment thereto. 4. This Agreement is contingent upon no other provisions, conditions, or premises other than those so stated above; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 5. Sheriff hereby releases, holds harmless, defends and indemnifies County for and from any and all damages, claims, liabilities, actions, costs and expenses (including without limitation reasonable paralegal and attorney's fees and costs), penalties or fines incurred by or asserted against the County by reason or arising out of the Associations, it's agents, contractors, or employees' performance hereunder. 6. This Agreement is governed and construed in accordance with the laws of the State of Florida. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.) Packet Page -1151- Agreement 2/28/2012 Item 16.A.12. Page 2 IN WITNESS WHEREOF, the parties have caused these presents to be executed the date and year first above written. AS TO COUNTY: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: ,Deputy Clerk Fred W. Coyle, Chairman AS TO SHERIFF: Witness (Signature) Name: (Print) Witness (Signature) Name: (Print) Approved as to form and legal sufficiency: Jeff Klatzkow County Attorney COLLIER COUNTY SHERIFF'S OFFICE By: KEVIN J. RAMBOSK, Sheriff Packet Page -1152- N Q co E a) N O N \ 00 tV N AERIAL PHOTO SHOWING PROPOSED WALL IN FRONT OF TRAILER • O m Ln v ro a v v cv a