Agenda 07/26/2011 Item #16A147/26/2011 Item 16.A.14.
EXECUTIVE SUMMARY
Recommendation to cancel the previously executed agreement with the Collier Soil and
Water Conservation District concerning the Northern Golden Gate Estates Flowway
Restoration Plan, Collier County Project No. 33134; to accept and approve funding
Agreement No. 50539 from the Florida Department of Environmental Protection and
approve a budget amendment in the amount of $75,000 for project 33134; and to use the
South Florida Water Management District 575,000 funding, accepted by the Board on
December 14, 2010 and currently budgeted in project 33134, as the 50% match required in
the Florida Department of Environmental Protection Agreement No. S0539.
OBJECTIVE: To acquire Board of County Commissioner (Board) approval to execute the
Florida Department of Environmental Protection Grant Agreement No. S0539 in the amount of
$75,000 to advance the development of Collier County Project No 33134 and to use the $75,000
from South Florida Water Management District Agreement No. 4600002213. already approved
and authorized by the Board for project 3313- as the required match for the Environmental
Protection Grant Agreement; and, to obtain approval to cancel the previoush executed
agreement with the Collier Soil and Water Conservation District concerning project 33134.
CONSIDERATIONS: Development of plans to restore the Northern Golden Gate Estates
(NGGE) Flowway has been one of the highest rated projects evaluated by the nearly completed
County Watershed Management Plan effort. On December 14, 2010 the Board approved agenda
item 16(A)16 authorizing the execution of two (2) agreements facilitating further development of
the NGGE Flowway Restoration Plan. The first agreement was a funding agreement with the
South Florida Water Management District (SFWMD), Agreement No. 4600002213, providing
$700,000 for assistance with the current construction phase of the Lely Area Stonnwater
Improvement Project and $75,000 for continued development of the NGGE Flowway
Restoration Plan. The second agreement was an agreement with the Collier Soil and Water
Conservation District (CSWCD) to facilitate continuation of the NGGE Flowway Restoration
Plan by providing terms and conditions for the funding supporting the work to be jointly
managed by the County Stormwater Department. SFWMD and the CSWCD.
In December 2010, the CSWCD was advised that a matching funds grant from the Florida
Department of Environmental Protection (FDEP) was available. The CSWCD indicated it would
be obtaining the funding; as a result, by consensus of the joint project management team, the
CSWCD was chosen to take the lead role in the NGGE Flowway Restoration Plan. Recently the
FDEP indicated its desire to award the matching funds grant for continued development of the
Flowway Restoration Plan to Collier Cotmn. not CSWCD. with the County Stormwater
Department ( Stormwater) taking the lead project management role. Stormwater accepted to take
the lead role with the continuation of the wort: still being jointly managed by Stormwater, the
Big Cypress Basin of the SFWMD, and the CSWCD. As a result the County Agreement with
CSWCD, approved br the Board on December 14, 2010 in agenda item 16(A)16, has become
moot and is no longer necessary.
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7/26/2011 Item 16.A.14.
The NGGE Flowway Restoration Plan work will build upon the work completed in 2008. This
completed work is known as the Horsepen Strand Conservation Area (HSCA) Feasibility Study
and is today considered Phase 1 of the NGGE Flowway Restoration Plan. The next phase of
proposed work will also build on the data and hydrologic- hydraulic analyses of the NGGE
watershed and canal system performed by the SFWMD Big Cypress Basin. and the recently
completed database. analyses and recommendations developed by Collier County° as part of the
County's Watershed Management Plan.
Using $75,000 grants each from SFWMD and FDEP, Collier Counts will use the total of
$150.000 to hire consultant services to help advance the objective to produce a plan to reduce
storm water flowing into the Golden Gate Canal. The Stonmwater Section will be returning to
the Board at a later date to request a time - for - completion extension if it is required for SFWMD
Agreement No. 4600002213.
FISCAL IMPACT: A budget amendment is required to recognize the grant revenue in the
amount of $75.000 from the Florida Department of Environmental Protection in Transportation
Grant Fund 711 Project 33134. The $75.000 already budgeted in Fund 711 Project 33134, from
SFWMD Agreement No. 4600002213, will be used as the match to the FDEP in accordance with
grantor approval.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, is legally sufficient for Board action and only requires a majority- vote for
approval —SRT.
GROWTH MANAGEMENT IMPACT: The Northern Golden Gate Estates Flowway
Restoration Planning effort is in accordance with the goals and the objectives of the Drainage
Sub - element of the Growth Management Plan.
RECOMMENDATION: That the Board:
(1) Approve acceptance of the Florida Department of Environmental Protection Gran,
Agreement No. S0539 in the amount of $75,000 and authorize the Board Chairman to
execute the agreement:
(2) Recognize the use of 575.000 from South Florida Water Management District Agreement
No. 4600002213 as the match required for the FDEP grant;
(3) Approve the Tennination of Agreement to facilitate funding for the NGGE Flow-way
Restoration Plan with the Collier Soil and Water Conservation District and authorize the
Board Chairman to execute the termination document; and
(4) Approve the necessary budget amendments.
Prepared By: Jerry Kurtz. Project Manager. Growth Management Division/Planning R
Regulation
Attachments: (1) FDEP Agreement No. S0539
(2) Grant Work Plan (project scope)
(3) December 14. 2010 BCC agenda item 16(A)l6 Executive Summary
(4) South Florida Water Management District Agreement
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7/26/2011 Item 16.A.14.
(�) Collier Soil and Water Conservation District Agreement
(6) Collier Soil and Water Conservation District letter to Commissioner Coyle
(7) Termination of Agreement to facilitate funding for the NGGE Flowway
Restoration Plan
(8) Budget Amendment
(9) Grantor Match Approvals
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.14.
7/26/2011 Item 16.A.14.
Item Summary: Recommendation to cancel the previously executed agreement with the
Collier Soil and Water Conservation District concerning the Northern Golden Gate Estates
Flowway Restoration Plan, Collier County Project No. 33134; to accept and approve funding
Agreement No. 50539 from the Florida Department of Environmental Protection and approve a
budget amendment in the amount of $75,000 for project 33134; and to use the South Florida
Water Management District $75,000 funding, accepted by the Board on December 14, 2010
and currently budgeted in project 33134, as the 50% match required in the Florida Department
of Environmental Protection Agreement No. 50539
Meeting Date: 7/26/2011
Prepared By
Name: KurtzGerald
Title: Project Manager. Principal, Transportation Engineer
7/8/2011 1125:20 AM
Approved By
Name: LorenzWilliam
Title: Director - CDES Engineering Services. Comprehensive
Date: 7/8/2011 2:05:18 PM
Name: PuigJudv
Title: Operations Analyst, CDES
Date: 7/8/2011 2:16:40 PM
Name: OberrathKaren
Date: 7 /8/2011 2:46:11 PM
Name: Taylorl-isa
Title: Management/Budget Anal yst.Transportation Administr
Date: 7/11;2011 7:47:19 AM
Name: AhmadJay
-- Title: Director - Transportation Engineering.Transportation Engineering & Construction Management
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Date: 7/11/2011 1:11:17 PM
7/26/2011 Item 16.A.14.
Name: FederNorman
Title: Administrator - Growth Management Div.Transportati
Date: 7/11/2011 1:48:37 PM
Name: PriceLen
Title: Administrator - Administrative Services.
Date: 7 /11/2011 3:04:12 PM
Name: Marcella.Teanne
Title: Executive Secretary.Transportation Planning
Date: 7/11/2011 4:43:48 PM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 7/13/2011 3:17:54 PM
Name: KlatzkowJeff
Title: Countv Attorney.
Date: 7/14/2011 10:59:59 AM
Name: StanleyTherese
Title: ManaRement/Budget Analyst, Senior.Office of Management & Budget
Date: 7/18/2011 10:36:58 AM
Name: KlatzkowJeff
Title: Countv Attorney,
Date: 7/18/2011 4:11:17 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs.CMO
Date: 7/18/2011 6:53:08 PM
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7/26/2011 Item 16.A.14.
AGREEMENT NO. 50539
STATE OF FLORIDA
GRANT AGREEMENT
PURSUANT TO LINE ITEM 1512B OF THE FY2000 -2001 GENERAL APPROPRIATIONS ACT
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard. Tallahassee, Florida
32399 -3000 (hereinafter referred to as the "Department ") and the COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS, whose address is Collier County Growth Management Division, 2885 South Horseshoe Drive,
Naples, Florida 34104 (hereinafter referred to as "Grantee" or "Recipient "), a local government, to provide financial
assistance for the North Golden Gates Estates Flowway Restoration Project.
In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby
agree as follows:
The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this
Agreement, Attachment A, Grant Work Plan, and all attachments and exhibits named herein which are
attached hereto and incorporated by reference. For purposes of this Agreement the terms "Contract" and
"Agreement" and the terms "Grantee ", "Recipient" and "Contractor', are used interchangeably.
2. This Agreement shall begin upon execution by both parties and remain in effect for a period of
fifteen (15) months, inclusive. The Grantee shall be eligible for reimbursement for work
performed on or after the date of execution and until the expiration of this Agreement. This
Agreement may be amended to provide for additional services if additional funding is made
available by the Legislature.
A. As consideration for the services rendered by the Grantee under the terms of this Agreement, the
Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed
$75,000. The parties hereto agree that the Grantee is responsible for providing a minimum match
of $75,000. Prior written approval from the Department's Grant Manager shall be required for
changes within approved task budget categories of up to 10% of the total task budget amount. The
DEP Grant Manager will transmit a copy of the written approval and revised budget to the DEP
Procurement Office and the DEP Contracts Disbursements Office for inclusion in the Agreement
file. Changes greater than 10% of the total task budget will require a formal change order to the
Agreement. Changes that transfer funds from one task to another or that increase or decrease the
total funding amount will require a formal amendment to the Agreement.
B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs, upon
the completion, submittal and approval of deliverables identified in Attachment A, in accordance
with the schedule therein. Reimbursement shall be requested utilizing Attachment B, Payment
Request Summary Form. A final payment request must be submitted to the Department no later
than thirty (30) days from the completion date of this Agreement to assure the availability of funds
for payment. Each payment request submitted shall document all matching funds and/or match
efforts (i.e. in -kind services) provided during the period covered by each request. The final
payment will not be processed until the match requirement has been met.) In addition to the
summary form, the Grantee must provide from its accounting system, a listing of expenditures
charged against this Agreement. The listing shall include, at a minimum, a description of the
goods or services purchased, date of the transaction, voucher number, amount paid, and vendor
name. Travel expenses will not be reimbursed under the terms and conditions of this Agreement.
C. in addition to the invoicing requirements contained in paragraph 3.13. above, the Department will
periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the
- appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost
DEP Agreement No. S0539, Page 1 o£7
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7/26/2011 Item 16.A.14.
allocation guidelines), as appropriate. This information, when requested, must be provided within
thirty (30) calendar days of such request- The Grantee may also be required to submit a cost
allocation plan to the Department in support of its multipliers (overhead, indirect, general
administrative costs, and fringe benefits). All bills for amounts due under this Agreement shall be
submitted in detail sufficient for a proper pre -audit and post -audit thereof. State guidelines for
allowable costs can be found in the Department of Financial Services' Reference Guide for State
Expenditures at fll {p N Iliit air ,.AJH 1 "TC11C 1.�l
D. 1. The accounting systems for all Grantees must ensure that these funds are not commingled
with funds from other agencies. Funds from each agency must he accounted for
separately. Grantees are prohibited from commingling funds on either a program-by-
program or a project -by- project basis. Funds specifically budgeted and/or received for
one project may not be used to support another project. Where a Grantee's, or
subrecipient's, accounting system cannot comply with this requirement, the Grantee, or
subrecipient, shall establish a system to provide adequate fund accountability for each
project it has been awarded.
2. Tf the Department finds that these funds have been commingled, the Department shall
have the right to demand a refund either in whole or in part, of the funds provided to the
Grantee under this Agreement for non - compliance with the material terms of this
Agreement. The Grantee, upon such written notification from the Department shall
refund and shall forthwith pay to the Department, the amount of money demanded by the
Department. Interest on any refund shall be calculated based on the prevailing rate used
by the State Board of Administration. Interest shall be calculated from the date(s) the
original payment(s) are received from the Department by the Grantee to the date
repayment is made by the Grantee to the Department.
3. In the event that the Grantee recovers costs, incurred under this Agreement and
reimbursed by the Department, from another source(s), the Grantee shall reimburse the
Deportment for all recovered funds originally provided under this Agreement. Interest on
any refund shall be calculated based on the prevailing rate used by the State Board of
Administration. Interest shall be calculated from the date(s) the payment(s) are recovered
by the Grantee to the date repayment is made to the Department by the Grantee.
4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Legislature. The parties hereto understand that this Agreement is
not a commitment of future appropriations.
5. The Grantee shall utilize Attachment C, Progress Report Form, to describe the work performed.
problems encountered, problem resolution, schedule updates and proposed work for the next reporting
period. Quarterly reports shall be submitted to the Department's Grant Manager no later than twenty (20)
days following the completion of the quarterly reporting period. It is hereby understood and agreed by the
parties that the term `quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30
and December 31. The Department's Grant Manager shall have ten (10) calendar days to review the
required reports and deliverables submitted by the Grantee.
6. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its
employees and agents. However, nothing contained herein shall constitute a waiver by either party of its
sovereign immunity or the provisions of Section 768.28, Florida Statutes.
A. The Department may terminate this Agreement at any time in the event of the failure of
the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the
Department shall provide thirty (301 calendar days written notice of its intent to terminate and
shall provide the Grantee an opportunity to consult with the Department regarding the reason(s)
for termination.
DEP Agreement No. S0539, Page 2 of 7
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7/26/2011 Item 16.A.14.
B. The Department may terminate this Agreement for convenience by providing the Grantee with
thirty (30) calendar days written notice. in the event of termination for convenience by the
Department, the Grantee shall be compensated for work satisfactorily completed and irrevocable
commitments made prior to such termination.
This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public
access to all documents, papers, letters, or other material made or received by the Grantee in conjunction
with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution
and Section 119.07(l)(a), Florida Statutes.
9. The Grantee shall maintain books, records and documents directly pertinent to performance under this
Agreement in accordance with generally accepted accounting principles consistently applied. The
Department, the State, or their authorized representatives shall have access to such records for audit
purposes during the term of this Agreement and for five years following Agreement completion. in the
event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and
allow access to such records for audit purposes.
10. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the
applicable provisions contained in Attachment D, Special Audit Requirements, attached hereto
and incorporated herein by reference. Exhibit 1 to Attachment D summarizes the funding
sources supporting the Agreement for purposes of assisting the Grantee in complying with the
requirements of Attachment D. A revised copy of Exhibit I must be provided to the Grantee for
each amendment which authorizes a funding increase or decrease. If the Grantee fails to receive a
revised copy of Exhibit 1, the Grantee shall notify the Department's Grants Development and
Review Manager at 850/245-2361 to request a copy of the updated information.
B, The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may
further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall
consider the type of financial assistance (federal and/or state) identified in Attachment D, Exhibit
1 when making its determination. For federal financial assistance, the Grantee shall utilize the
guidance provided under OMB Circular A -133, Subpart B, Section _210 for determining
whether the relationship represents that of a subrecipient or vendor. For state financial assistance,
the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations
Recipient/Subrecipient vs. Vendor Determination" (form number DFS- A2 -NS) that can be found
under the "Links/Forms" section appearing at the following website:
The Grantee should confer with its chief financial officer, audit director or contact the Department
for assistance with questions pertaining to the applicability of these requirements.
C. In addition, the Grantee agrees to complete and submit the Certification of Applicability to
Single Audit Act Reporting, Attachment E, attached hereto and made a part hereof; within four
(4) months following the end of the Grantee's fiscal year. Attachment B should be submitted to
the Department's Grants Development and Review Manager at 3900 Commonwealth Boulevard,
Mail Station 93, Tallahassee, Florida 32399 -3000. The Grants Development and Review
Manager is available to answer any questions at (850) 245 -2361.
11. A. The Grantee may subcontract work under this Agreement without the prior written consent of the
Departments Grant Manager. The payment terms of subcontracts (other than construction and the
purchase of commodities) shall comply with the terms of this Agreement (for example, if payment
under this Agreement is being made on a cost reimbursement basis, then the subcontract should
also be cost reimbursement). The Grantee shall submit a copy of the executed subcontract to the
Department within ten (10) days after execution. The Grantee agrees to be responsible for the
fulfillment of all work elements included in any subcontract and agrees to be responsible for the
payment of all monies due under any subcontract. It is understood and agreed by the Grantee that
DEP Agreement No. S0539, Page 3 of 7
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7/26/2011 Item 16.A.14.
the Department shall not be liable to any subcontractor for any expenses or liabilities incurred
under the subcontract and that the Grantee shall be solely liable to the subcontractor for all
expenses and liabilities incurred under the subcontract.
B. The Department of Environmental Protection supports diversity in its proctnement program and
requests that all subcontracting opportunities afforded by this Agreement embrace diversity
enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the
State of Florida. A list of minority owned firms that could be offered subcontracting opportunities
may be obtained by contacting the Office of Supplier Diversity at (850) 487 -0915.
12. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds
provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state
agency.
13. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing
services to the Department under this Agreement. The Grantee acknowledges that this requirement
includes compliance with all applicable federal, state and local health and safety rules and regulations. The
Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement
14. Any notices between the parties shall be considered delivered when posted by Certified Mail, return receipt
requested, or overnight courier service, or delivered in person to the Grant Managers at the addresses
below.
15. The Department's Grant Manager for technical matters under this Agreement is identified below.
Jennifer Nelson
Florida Department of Environmental Protection
South District Office
Post Office Box 2549
Fort Myers. Florida 33902-2549
Telephone No.:
(2391344 -5600
Fax No.:
_
(850) 412 -0590
E -mail Address:
I lenni rr.neR,ui a depsune.tl_u�
The Department's Grant Manager for administrative matters under this Agreement is identified below.
Gordon Romeis
Florida Department of Environmental Protection
South District Office
Post Office Box 2549
Fort Myers, Florida 33902 -2549
Telephone No.:
(239) 344 -5600
Fax No.:
(85o)412 -0590
E -mail Address:
_nrasi�nnei;rie�.otalt.il.ur
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK,
DEP Agreement No. 50539, Page 4 of 7
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7/26/2011 Item 16.A.14.
16. The Grantee's Grant Manager for this Agreement is identified below.
Jerry Kurtz, P.E. _
Collier County Growth Management Division
Collier County Transportation
2885 South Horseshoe Drive
Naples, Florida 34104
Telephone No.:
(239 252 -5860
Fax No.:
(239)252 -6201
E -mail Address
iOn Jlei
17. To the extent required by law, the Grantee will be self - insured against, or will secure and maintain during
the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the
work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor
similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such
employees are covered by the protection afforded by the Grantee. Such self - insurance program or
insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of
employees engaged in hazardous work under this Agreement is not protected under Workers'
Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate
insurance satisfactory to the Department, for the protection of his employees not otherwise protected.
18. The Grantee warrants and represents that it is self- funded for liability insurance, appropriate and allowable
under Florida law, and that such self - insurance offers protection applicable to the Grantee's officers,
employees, servants and agents while acting within the scope of their employment with the Grantee.
19. The Grantee covenants that it presently has no interest and shall not acquire any interest which would
conflict in any manner or degree with the performance of services required.
20. Reimbursement for equipment purchases costing $1.000 or more is not authorized under the terms and
conditions of this Project Agreement.
21. The Department may at any time, by written order designated to be a change order, make any change in the
Grant Manager information or task timelines within the current authorized Agreement period. All change
orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which
causes an increase or decrease in the Grantee's cost or time, shall require formal amendment to this
Agreement.
22. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be
excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to
discrimination in performance of this Agreement.
B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid
on a contract to provide goods or services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not award or perform work as a
contractor, supplier, subcontractor, or consultant under contract with any public entity, and may
not transact business with any public entity. The Florida Department of Management Services is
responsible for maintaining the discriminatory vendor list and intends to post the list on its
website. Questions regarding the discriminatory vendor list may be directed to the Florida
Department of Management Services, Office of Supplier Diversity, at 850/487 -0915.
23. Land acquisition is not authorized under the terms of this Agreement.
DEP Agreement No. S0539, Page 5 of 7
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7/26/2011 Item 16.A.14.
24. If a court deems any provision of this Agreement void or unenforceable, that provision shall be enforced
only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions
shall remain in full force and effect.
25. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes,
modifications or waivers of provisions of this Agreement shall only be valid when thev have been reduced
to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless
otherwise provided herein.
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DEP Agreement No. S0539, Page 6 of 7
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7/26/2011 Item 16.A.14.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year
last written below.
COLLIER COUNTY BOARD
OF COUNTY COMMISSIONERS
By: - ----
Title: Fred W. Coyle, Chairman`
Attest:
Dwight E. Brock, Clerk
Approved as to form and legal sufficiency_
5
Scott R. Teach, Deputy County Attorney
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By:
Secretary or designee
Jennifer Nelson, DEP Grant Manager
Gordon Romeis, DEP Grant Manager
DEP Contracts Administrator
Approved as to form and legality:
DEP Attorney
FEID No.:59- 6000558
`For Agreements with governmental boards /commissions: If someone other than the Chairman signs this
Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the
Grantee must accompany the Agreement-
List of attachments/exhibits included as part of this Agreement:
Specify Letter/
Type Number Description (include number of pages)
Attachment A Grant Work Plan (4 Pages)
Attachmem B Payment Request Summary Form (2 Pages)
Attachment C Progress Report Form (2 Pages)
Attachment D Special Audit Requirements (5 Paces)
Attachment E Certification of Applicability to Single Audit Act Reporting (3 Pages)
DEP Agreement No. 50539, Page 7 of 7
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7/26/2011 Item 16.A.14.
ATTACHMENT A
GRANT WORK PLAN
Project Title:
North Golden Gate Estates (NGGE) Flowway Restoration Project
Proiect Location:
An area in North Golden Gate Estates, covering approximately 34 square miles. encompassing all or part of Sections
29 -31. Township 47 South. Range 28 East: Sections 4 -9, 17, 19, 20, 29 -32, Township 48 South. Range 28 East:
Section 36, Township 48 South, Range 27 East: Sections 6. 7. 18. Township 49 South, Range 28 East: Sections 1.
11 - -27. 33 -36, Township 49 South, Range 27 East. Collier County, Florida.
The Hydrologic Unit Code is 03090204
Proiect Background
Historically, the area that is now North Golden Gate Estates (NGGE) consisted of a mosaic of wetland and upland
habitats. including upland pine and hammock communities interspersed with cypress and hardwood forests and
herbaceous marshes and wet prairies. During the wet season, water flowed across the landscape in a generally
south - southwesterly direction, eventually making its way into areas of Picavune Strand, Belle Meade, and
Henderson Creek. The development of NGGE was completed in the late 1960's as part of what was to be the largest
subdivision in the world. Large drainage canals were constructed and a network of roads was built. The canals
successfully drained much of the surface water and shallow groundwater in the area. making the land available for
human settlement Many of the wetlands near the canals have transitioned to disturbed upland communities, and
the hydroperiods of remaining wetlands have been severely altered by the drainage from the canals as well as roads
that have created impediments to sheetflow.
The project area includes land that currently drains into the Golden Gate Canal which flows to the west and
eventually into Naples Bav: and the Miller and Faka Union canals which flow south to the Ten Thousand Islands
estuary through the Picayune Strand State Forest. The flow from the Golden Gate Canal into the Naples Bay
through the Gordon River causes rapid and severe fluctuations in salinity. which continues to cause significant harm
to the Bay. The Miller and Faka union canals extend into the Picayune Strand Restoration Project, which will be
plugging these canals south of NGGF to restore overland sheetflow and wetland habitat. Presently there is no
effective stormwater managementitreaurient system within NGGE. Stomtwater runoff is conveyed b7 inconsistent
roadside swales and driveway culverts to the three primary canals- The conveyance capacity of the Miller. Faka
Union and Golden Gate canals are limited to less than 16 -year peak flow rates. Localized flooding occurs in mamr
areas as a result of high rainfall events. Some of the deepest wetlands within NGGE have remained undeveloped.
namely Winchester Head and Horsepen Strand. although their hydrologic functions have been altered.
The project area also contains two important public water supply wellfields (Collier County Utilities and City of
Naples Water Utility) which are rechareed by surface water. Proper management of surface water is critical in
sustaining the long -term drinking water yield from these two wellfields.
This SOW describes the Phase 11 component (NGGE Flo vway Restoration Project) of a larger project that began
with Phase I ( Horsepen Strand Conservation Area Feasibility Study). which was completed in 2008. The HSCA
project was conducted by the Collier Soil and Water Conservation District with funding and cooperation from the
South Florida A -ater Management District (SFWMD) - Big Cypress Basin and the Department of Environmental
Protection. Phase 1 identified the remaining undeveloped wetland areas within NGGE with the most potential for
use in surface water detention and flow conveyance. The NGGE Flowwav Restoration Project (Phase 11) will be
geared toward developing solutions to the problems of stormwater management and degraded wetland function
identified above. Measures for utilizing some of the remaining wetlands identified in Phase I will be incorporated
into the restoration plan. See Project Dcscripnon for details.
DEP Aereement No. 50539. Attachment A_ Page I ot4
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7/26/2011 Item 16.A.14.
Proiect Objectives:
Develop a preliminary water resources management plan to:
I . Reduce flows in Golden Gate Canal as much as feasible within this project's geographical area
2. Maximize the use of existing wetlands to retain and convey surface water while enhancing wetland habitat
connectivity and groundwater recharge as much as possible without impacting private lands
3. Improve the timing of freshwater flow delivery into the major water conveyance features as much as is
feasible and consistent with the goals of downstream natural systems.. including Picayune Strand
Restoration Project
4. Develop preliminary engineering plans to meet the above objectives, including projects that will provide
localized flood reduction
Proiect Description:
The NGGE Flowway Restoration Project will build upon the work completed as part of Phase I Horsepen Strand
Conservation Area (HSC4) Feasibility Study. It will also build on the data and hydrologic- hydraulic analyses of
the NGGE watershed and canal system performed by the SFWMD Big Cypress Basin, and the recently completed
database, analyses and recommendations developed by Collier County as part of the County's Watershed
Management Plan. The following paragraphs elaborate on the project objectives listed above.
This project is built on the primary objective of reducing water flowing in Golden Gate Canal. Golden Gate Canal
drains a large area of NGGE that includes portions of the 34 sections included in the project area as well as
additional land. The canal conveys this water to the Gordon River, which discharges into Naples Bay. It is
recognized that Naples Bay receives excess freshwater flows as well as the pollutants that travel with those flows
during the wet season. Decreasing the stormwater runoff generated within the lands of this project. and redirecting
it to natural areas where some of the water historically flowed (e.g., Belle Meade) will benefit both Naples Bay and
the natural areas receiving the flows.
This project will develop a set of alternatives for redirecting surface waters that may currently run directly into a
canal or be impounded by a road to large remaining wetland systems within NGGE. Holding this water on the
landscape rather than conveying it directly to a drainage feature has marry benefits including rehydration of
wetlands, aquifer recharge and aquatic habitat re- connection. Another benefit is the increased ability to manage the
water and send it where and when is appropriate rather than it draining immediately to a canal, thereby reducing the
ability to manage it. The water retention capacity that is practical within the available wetland areas will be defined,
taking into account the constraint of private lands in the area and the required level of flood protection.
This project will review the geo- spatial and temporal database of the HSCA phase I study and perform any
enhancement needed to conduct hydrologic - hydraulic modeling and environmental evaluation of the existing
stormwater conveyance, retention and hydroperiod functions of the study area. This evaluation will identify the
locations and capacities of conveyance and storage features that are proposed to meet the objectives. as well as
practical. The FLUCCS designations made in Phase I will be updated with any additional information available
along with limited ground - truthing. The performance of each alternative in achieving the desired range of water
depths and hydroperiods in wetlands will be evaluated. Based on the relative benefits on the level of service for
enhancement for flood protection and improvement on the functionality of wetlands with the least cost for
implementation, a recommended plan will be developed to the level needed for conceptual permitting.
This project will quantify the changes in flow. water levels and timing in Miller Canal. Faka Union Canal. Golden
Gate Canal, and North Belle Meade. Redirecting flows from Golden Gate Canal into North Belle Meade will
provide environmental benefit for Naples Bay and North Belle Meade. Redirecting flows from the Golden Gate
Canal to Miller Canal and eventual diversion to Belle Meade as distributed flows will provide environmental
benefits to Naples Bay. The project will also quantify the changes in groundwater levels and volumes to be derived
from storage of diverted water on the landscape, which will contribute toward enhancing the dry season base flows
of the canals and recharge to the neighboring public water supply wellfields.
This project will enhance surface water management for flood protection by redirecting flows from areas of
localized flooding to surface water storage areas prior to discharge to canals. The project will provide preliminary
DEP Agreement No. 50539, Attachment A. Page 2 of 4
Packet Page -1356-
7/26/2011 Item 16.A.14.
engineering design for features that will enhance the flood protection level of service in NGGE while also enhancing
groundwater recharge.
Preliminary engineering design for all of the recommended plan elements will be performed. and an implementation
plan will be outlined.
Project Milestones/Deliverables /Outputs:
Task 1: Enhance database developed in Phase I
• Develop new digital elevation model (DEM) based on the updated 2008 LIDAR data. Incorporate land use
information utilized in Phase I with the newlp developed DEM to determine the extent of wetlands. Update
delineation of basins and sub- basins accordingh.
• Review the delineations of wetlands performed in the Phase I studs to identify possible changes revealed by the
new DEM.
• Determine level of wetland function based on limited ground- truthing and all available surface and groundwater
hydrologic data.
Completion Date: January 3012
Deliverable: Technical memorandum summarizing the enhanced database
Task 2: Develop a surface and groundwater integrated model for the study area (34 sections) at a grid -scale
of approximately 500 feet utilizing the input data and boundary conditions of the Collier County Watershed
Management Plan Model (CCWMP)
• Clip the CCWMP and its database for the study area of this project. and adjust the boundary conditions for
adequate representation of hydrologic-hydraulic characteristics of the new model area.
• Review the hydraulic data of canals. water control structures and cross - drainage features from the phase 1 study
and evaluate if they were included into the CCWMP clipped for this study area. Incorporate any missing
feature to enhance the database of the higher resolution model.
• Perform calibration and verification of the model, preferabh for the same periods utilized for CCWMP.
• Perform simulation of the model for 10 -. 25- and 100 -year (72 hour duration) design storms, similar to
CCWMP
• Assess existing hvdraulic conevance capacity of the canals and conveyance structures under the above design
storms. Generate water surface profiles and map the areas of inundation within the project.
Completion Date: July 3012
Deliverable: Technical report summarizing the activities of Task 2 - model development and assessment of existing
conditions
Task 3: Development of Alternatives and Recommended Plan
• Develop alternative water management strategies to meet the project objectives. Apply the model developed in
Task 2 to simulate the hydrologic - hydraulic performance of the alternatives.
• Evaluate the performance of the alteratives in meeting the project objectives. Screen the alteratives on the
basis of cost - effectiveness and environmental and social benefits. Formulate a recommended plan of the most
cost effective. socially and environmentally implementable plan.
• Perform preliminary engineering and analysis of the structural components included in the recommended plan
including preliminary cost estimates.
• Develop an implementation strategy of the project recommending funding and participating agency
responsibilities.
Completion Date: December 3013
Deliverable: Technical report summarizing the activities of Task 3
Task 4: Final Project Report
Completion Date: December 2012
Deliverables: Final project report compiling and summarizing the activities and technical report findings of Tasks 1,
2 and :. Submission of printed and CD copies of the final report to Collier County, SFWMD, and DEP (5 copies
each. total of 15 hard copies and 15 CD copies). In addition. all data acquired and developed as a part of the project.
as well as the model_ model inputs and model outputs should be submitted electronically to the parties listed.
DEP Agreement No. S0539. Attachment A. Paec 3 o1 4
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7/26/2011 Item 16.A.14.
Task
DEP Funding
Collier County
I I 1
Task 1
$0
$20.000
Task 2
525.000
$55,000 1
Task 3
'1 $40,000
1 $0
4
1 Task 4
I $10.000
$0
Total:
$75,000.00
$75,000.00"
Project Total
$150,000.00
NOTE: ALL FUNDS EXPENDED UNDER THIS AGREEMENT WILL BE CONTRACTUAL SERVICES TO
HIRE A CONSULTANT.
*Match is being provided to Collier County from South Florida Water Management District under Contract 4600002213.
The Grantee understands that if this match contract is terminated and the Grantee fails to provide the required match to
complete the work under this Agreement. the Department will terminate this Agreement.
Measures of Success:
The NGGE Howway Restoration Project will address long- standing water resource issues that affect not only the
human populations and natural areas of NGGE, but also those of downstream systems and communities. This
project will be designed to maximize benefits to natural systems, including hydrologic and habitat enhancement and
connectivity within NGGE, hydrologic benefits to downstream natural systems and waterbodies, and provide
increased flood protection for residents.
Specifically, the project will be designed to:
• Reduce the volume of harmful flows to Naples Bay via the Golden Gate Canal
• Improve the hydroperiods of wetlands within NGGE, and increase aquifer recharee
• Improve the delivery of water to downstream natural systems
• Improve of the level of service for flood protection beyond current level of service
DEP Aereement No. 50539. Attachment A. Paee 4 of 4
Packet Page -1358-
Grantee:
Mailing Address:
DEP Agreement No.:
Date Of Request: _
7/26/2011 Item 16.A.14.
ATTACHMENT B
PAYMENT REQUEST SUMMARY FORM
Grantee's Grant Manager:
Payment Request No.:
Performance
Period
Task/Deliverable Amount Task/Deliverable
Requested:S No.:
GRANT EXPENDITURES SUMMARY SECTION
[Effective Date of Grant through Fnd -nf -Grant Perindl
CATEGORY OF EXPENDITURE
AMOUNT OF
THIS REQUEST
TOTAL
CUMULATIVE
PAYMENTS
MATCHING
FUNDS
TOTAL
CUMULATIVE
MATCHING
FUNDS
Salaries
S
S
S
S
Fringe Benefits
S
S
S
S
Travel (if authorized)
i S
S
S
S
Subcontracting:
Planning
S
S
S
S
Design
S
S
S
S
Construction
S
S
S
1 5
Equipment Purchases
S
S
I
S
S
Supplies /Other Expenses
S
S
$
S
Land
S
5
S
S
Indirect !
S
S
S
S
TOTAL AMOUNT
S
S
S
S
TOTAL TASK BUDGET AMOUNT -: S
S
Less Total Cumulative Payments of: 5
S
TOTAL REMAINING IN TASK $
S
GRANTEE CERTIFICATION
The undersigned certifies that the amount being requested for reimbursement above
was for items that were chareed to and utilized only for the above cited grant activitic
Grantee's Grant Manager's Signature Grantee's Fiscal Agent
Print Name Print Name
Telephone Number Telephone Number
DEP 55-223 (07/10)
DEP Agreement No, S0539. Attachment E. Page I of=
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7/2612011 Item 16.A.14.
INSTRUCTIONS FOR COMPLETING
PAYMENT REQUEST SUMMARI FORM
GRANTEE: Enter the name of the grantee's agency.
MAILING ADDRESS: Enter the address that you want the state warrant sent.
DEP AGREEMENT NO.: This is the number on your grant agreement.
DATE OF REQUEST: This is the date you are submitting the request.
TASK AMOUNT REQUESTED: This should match the amount on the "TOTAL TASK BUDGET AMOUNT" line for the
"AMOUNT OF THIS REOUEST' column.
GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement.
PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number.
PERFORMANCE PERIOD: This is the beginning and ending date of the invoice period.
TASK NO.: Enter the number of the task that you are requesting payment for.
GRANT EXPENDITURES SUMMARY SECTION:
"AMOUNT OF THIS REQUEST" COLUMN: Enter the amount that was paid out for this task /deliverable during the
invoice period for which you are requesting reimbursement. This must agree with the budget category as in the currently
approved budget in the current Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that
does not have an approved budget. Do not claim items that are not specifically identified in the current Budget Narrative
section of the current Grant Work Plan. Enter the column total on the "TOTAL AMOUNT' line. Enter the amount of the
task on the "TOTAL TASK BUDGET AMOUNT' line. Enter the total cumulative amount of this request and all previous
payments on the "LESS TOTAL CUMULATIVE PAYMENTS OF' line. Deduct the "LESS TOTAL CUMULATIVE
PAYMENTS OF' from the "TOTAL TASK BUDGET AMOUNT' for the amount to enter on the "TOTAL REMAINING IN
TASK' line.
"TOTAL CUMULATIVE PAYMENTS" COLUMN: Enter the cumulative amounts that have been claimed to date for
reimbursement by budget category. The final report should show the total of all payments: first through the final payment
(this amount cannot exceed the approved budget amount for that budget category for the task you are reporting on'. Enter
the column total on the "TOTALS" line. Do not enter anything in the shaded areas.
"MATCHING FUNDS" COLUMN: Enter the amount to be claimed as match for the invoice period for the task you are
reporting on. This needs to be shown under specific budget categories according to the currently approved Grant Work
Plan. Enter the total on the "TOTAL AMOUNT' line for this column. Enter the match budget amount on the "TOTAL
TASK BUDGET AMOUNT' line for this column. Enter the total cumulative amount of this and any previous match
claimed on the "LESS TOTAL CUMULATIVE PAYMENTS OF line for this column. Deduct the "LESS TOTAL
CUMULATIVE PAYMENTS OF' from the "TOTAL TASK BUDGET AMOUNT' for the amount to enter on the "TOTAL
REMAINING IN TASK' line.
"TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount you have claimed to date
for match by budget category for the task. Put the total of all on the line titled "TOTALS." The final report should show the
total of all claims, first claim through the final claim ,_tc. Do not enter anything in the shaded areas.
GRANTEE CERTIFICATION: Must be signed by both the Grantee's Grant Manager as identified in the grant
agreement and the Grantee's Fiscal Agent.
NOTE: If claiming reimbursement for travel, you must include copies of receipts and a copy of the travel
reimbursement form approved by the Department of Financial Services, Chief Financial Officer.
DEP 5i -223 (07/10)
DEP Agreement No. S0539. Attachment B. Page 2 of 2
Packet Page -1360-
7/26/2011 Item 16.A.14.
ATTACHMENT C
PROGRESS REPORT FORM
DEP Agreement No.:
50539
Grantee Name:
Grantee Address:
Grantee's Grant Manager:
Telephone No.:
Quarterly Reporting Period:
Project Number and Title:
Provide a summary of project accomplishments to date. (Include a comparison of actual
accomplishments to the objectives established for the period. If goals were not met,
provide reasons why.)
Provide an update on the estimated time for completion of the project and an explanation
for any anticipated delays.
Provide any additional pertinent information including, when appropriate, analysis and
explanation of cost overruns or high unit costs.
I
DEP Aereement No. 5039. Attachment C. Pase I of ^_
Packet Page -1361-
7/26/2011 Item 16.A.14.
(continued from page I)
Identify below, and attach copies of, an}' relevant work products being submitted for the
project for this reporting period (e.g., report data sets, links to on -line photographs, etc.)
Provide a project budget update, comparing the project budget to actual costs
Expenditures
Prior to this Expenditures
Budget Total Project Reporting this Reporting
Category Budget Period Period
to date.
Project Funding
Balance
This report is submitted in accordance with the reporting requirements of DEP Agreement No.
S0539 and accurately reflects the activities and costs associated with the subject project.
Signature of Grantee's Grant Manager
Date
DEP Aareement No. S0539, Attachment C, Page 2 of'-
Packet Page -1362-
7/26/2011 Item 16.A.14.
.ATTACHMENT D
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department ", "DEP" "FDEP" or "Grantor ", or other name in the contractiagreement) to the recipient
(which may he referred to as the "Contractor ", Grantee" or other name in the contractiagreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection. as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section 2li.97. F.S., as
revised (see -AUDITS" below), monitoring procedures may include. but not be limited to, on -site visits by
Department staff, limited scope audits as defined by OMB Circular .A -133, as revised, andior other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with am monitoring
procedures) processes deemed appropriate by the Department of Environmental Protection. In the event the
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided b% the Department to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections. reviews, investigations, or
audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local Government or a non -profit organization as defined in OMB
Circular A -133. as revised.
In the event that the recipient expends S500.000 or more in Federal awards in its fiscal year, the recipient
must have a single or program- specific audit conducted in accordance with the provisions of OMB Circular
A -133, as revised. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A -133. as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,
as revised, will meet the requirements of this part.
^_.
In connection with the audit requirements addressed in Part 1. paragraph I. the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as
revised.
If the recipient expends less than 5500.000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A -133, as revised. is not required. In the event that the
recipient expends less than S500.000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular .A -I 33, as revised. the cost of the audit must
be paid from non - Federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http: / /13.46.245.173 /efda/c fda. ht ml.
DEP 55 -21 5 (03/09)
DEP Agreement No. S0539. Attachment D. Page 1 of
Packet Page -1363-
7/26/2011 Item 16.A.14.
PART 11: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes.
In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a State single or project - specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes: applicable rules of the Department
of Financial Services: and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit
organizations). Rules of the Auditor General. EXHIBIT I to this Attachment indicates state financial
assistance awarded through the Department of Environmental Protection by this Agreement. In
determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources
of state financial assistance, including state financial assistance received from the Department of
Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does
not include Federal direct or pass - through awards and resources received by a nonstate entity for Federal
program matching requirements.
In connection with the audit requirements addressed in Part 11, paragraph 1; the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor
General.
3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an
- audit conducted in accordance with the provisions of Section 215.97. Florida Statutes, the cost of the audit
must be paid from the non -state entih''s resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at https:, iapns.fldfs.contrfsaa for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website at hnp:Awwtc -1 ea. state. fl us'W elcorne index efirt. State of Florida's website at
hnp: iwwv.mvflorida.com.. Department of Financial Services' Website at htu>:= wsvw.fldfs.comi and the
Auditor General's Website at httn: wuTr.state.fl.us- audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to spec6, anY additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i.e.. the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(81, Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 21.5.97, Florida Statutes. In such an event, the State awarding agenev must
arrange for funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
Copies of repotting packages for audits conducted in accordance with OMB Circular A -133, as revised. and
required by PART I of this Attachment shall be submitted. when required by Section .320 (d). OMB
Circular A -133. as revised, by or on behalf of the recipient directly to each of the following:
DEP 51-215 (03/09)
DEP Agreement No. 50539. Attachment D. Page 2 of 5
Packet Page -1364-
7/26/2011 Item 16.A.14.
A, The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee. Florida 32399 -3000
B. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of
copies required by Sections .320 (d)(1) and ('_). OMB Circular A -133. as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 1 Oth Street
Jeffersonville. IN 47132
Submissions of the Sinele Audit reporting package for fiscal periods ending on or after January 1.
2008. must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at httn: AIjarvester.eensus. Lox, fac_
C. Other Federal agencies and pass- through entities in accordance with Sections .320 (e) and (f).
OMB Circular A -133. as revised.
2. Pursuant to Section .320(f), OMB Circular .4 -]33, as revised. the recipient shall submit a copy of the
reporting package described in Section 320(c). OMB Circular A -133, as revised. and any management
letters issued by the auditor, to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General. MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department. of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee. Florida -,2399-3000
B. The Auditor General's Office at the following address:
State of Florida .Auditor General
Room 401, Claude Pepper Building
11 I West Madison Street
Tallahassee. Florida 32399 -1450
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP n -2L (03/09)
DEP Agreement No. SO539. Attachment D. Page 3 of
Packet Page -1365-
7/26/2011 Item 16.A.14.
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 33399 -3000
Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this .Agreement shall be submitted timely in accordance with OMB
Circular A -133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for -profit organizations). Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A -133, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for -profit organizations). Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee. Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee. Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-21 5 (03!09)
DEP Agreement No. S0539, Attachment D. Page 4 of 5
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7/26/2011 Item 16.A.14.
ATTACHMENT E
CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING
Grantee's Name:
Grantee Fiscal Year Period: FROM: TO:
Total State Financial Assistance Expended during Grantee's most recently completed Fiscal Year:
Total Federal Financial Assistance Expended during Grantee's most recently completed Fiscal Year:
S
CERTIFICATION STATEMENT:
I hereby certify that the above information is correct.
Signature Date
Print Name and Position Title
DEP Agreement No. S0539. Attachment E. Page 1 of 3
Packet Page -1368-
7/26/2011 Item 16.A.14.
INSTRUCTIONS FOR COMPLETING THE ATTACHMENT
Grantee Fiscal Year Period: FROM: Month/Year TO: Month/Year
NOTE: THIS SHOULD BE THE GRANTEE'S FISCAL YEAR FROM (MONTHIYEAR) TO
(MONTH/YEAR).
Total State Financial Assistance Expended during Grantee's most recently completed Fiscal Year:
NOTE: THIS AMOUNT SHOULD BE THE TOTAL STATE FINANCIAL ASSISTANCE
EXPENDED FROM ALL STATE AGENCIES, NOT JUST DEP.
Total Federal Financial Assistance Expended during Grantee's most recently completed Fiscal Year:
NOTE: THIS AMOUNT SHOULD BE THE TOTAL FEDERAL FINANCIAL ASSISTANCE
EXPENDED FROM ALL FEDERAL AGENCIES, NOT JUST THROUGH DEP.
S
The Certification should be signed by your Chief Financial Officer.
Please print the name and include the title and date of the signature.
DEP Agreement No. 50539. Attachment E. Page '-of,
Packet Page -1369-
7/26/2011 Item 16.A.14.
CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING
FREQUENTLY ASKED QUESTIONS
1. Question: Do 1 complete and return this form when I return my signed
Agreement /Amendment?
Answer: No, this form is to be completed and signed by your Chief Financial Officer
and returned 4 months after the end of your fiscal year.
2. Question: Can I fax the form to you?
Answer: Yes. you can fax the Certification form, the fax number is 850/245 -2411.
3. Question: How can I submit the form if our audit is not completed by the due date of
this letter?
Answer: You should be able to complete the form from the information in your
accounting system. This is just to let our Office of the Inspector General know which
entities they should be getting an audit from. If you are under the threshold you do not
have to submit a copy of your audit, only the Certification form.
4. Question: Do you only want what we received from DEP?
Answer: No, the Single Audit is the TOTAL AMOUNT of funds that you expended
towards all state or federal grants that you receive. You should list those that are specific
to DEP on the form.
5. Question: Do 1 have to submit the completed form and a copy of my audit?
Answer: No, you do not have to submit your audit unless you are over the threshold of
$500,000. if you would prefer to submit your audit (CAER) instead of the form, that is
fine.
6. Question: Our CAFR will not be ready before your due date and we don't have the
information necessary to complete the certification. Can we get an extension?
Answer: Yes, just send us an Email letting us know when you will have your CAFR
completed and we will place the Email with your letter in our file so that you don't get a
, notice.
7. Question: Can I submit my Certification Form or CAFR electronically?
Answer: Yes, you can submit them by Email to Debbie.skeltonratdep.state.fl.us
DEP Agreement No. S0539, Attachment E. Page 3 of 3
Packet Page -1370-
7/26/2011 Item 16.A.14.
KurtzGerafd
From:
Nath, Ananta (anath @sfwmd.gov)
Sent:
Tuesday, July 05, 2011 5:19 PM
To:
KunzGerald
Cc:
Guerra, Max; BishopMargaret; Ronl Gordon; Tears, Clarence
Subject:
RE: NGGE Flowway project
Attachments:
4600002213 SOW SW Collier County Projectl2 FY11.docx
J errl`:
The developmenT of North Golden Gate Estates Restoration Pan is Task #2 of the South Florida Water
Management District (District) and Collier County (County) Agreement (District Contract # 4600002213). A sum of
$75,000 is budgeted for the project In the District FY2011 budget (Line Item# 23616 - BCB 5tormwater Projects}.
The total cost of the pro,lec7, according To a detailed SOW aevemoeo separately by the County in partnership with
the Florida Department of Environmental Protection(DEP), is $150.000. Since the mutual interest of the three
agencies (DEP, District and the County) !s to develop c comprenensive fIowway restoration plan for NGGE, we
encourage you to proceed with completmo the project utilizing the District grant as matching fund To meet the
requirement of the DEP aareemel
Please note that the term of the Contract # 460000221-3 expires on September 30 "', 2011. In all likelihood, the
project will not be completed by Septembe^ 3C An amenal for no -cost time extension will be necessary. Should
you have al question., or need add; t gnoi information„ oansc ac no- hcsitatc to contl ll Guerra or mvsclf
Thanks.
Rescinds,
Anal
From: KurtzGerald [ mailto :GeraldKurtz @colliergov.net;
Sent: Friday, July 01, 20115:09 PM
To: Nath, Anal
Subject: NGGE Flowway project
Hi Ananta. 1 m woridng with FDEP on fina;IzirW the pram agreement for their 75.000 award to Collier
aDov - r i r_ence : l ol t7r V it Slate to �_ it i, undersIood `.n? " om
I tatCnin4 1L 9c. 'caulreh9 en" wl t ' TM.- ,.il(i�- we will I''_'Celv� firl. 5 :�WIVID pe'.- fur
agreement with you Aereemem Nc Lan you plea>e venrfy tha lr a your
COnNrr_rlC I cl th °_ S� WJV4I L- tic _..III ^�¢: L, .,.. "OOl1 aT - ^r' Will hi( ew!s 7_ satisfied b\, -I- iuno5 we wll'
ewe frorr rDE' Recw v,c el a `in � v,c_
III
Packet Page -1371-
7/26/2011 Item 16.A.14.
Jerry Kurt., P.E.
Principal Project Manager
Stormwater and Environmental Planning Section
Land Development Services Department
Collier Countv Growth Management D1vlsion
jerrvkurzra)colllergov.net
239- 252 -5860
Fa), 239-21-2-6201
From: Romeis, Gordon [ mailto :Gordon.Romeis @dep.state.fl.us)
Sent: Tuesday, June 07, 2011 7:19 AM
To: KurtzGerald
Subject: RE: NGGE Flowway project - letter needed
hi ferry, We have worked w around the need far the letter. Right no 1 am In the process of initiating the funding,
agreement on our end. There is a turnaround time of one to twc weeks for us to get back to you with a draft
agreement for review. 1 hope to get our part out tc - allahassee today.
Gordon Romeis
Environmental Mianager
South District Administrative and Technical Service=
2295 Victoria Ave. Suite 364., For; V vers
P. C. Bo: 2549, Fort IV!ver,. Florida ?3902 -25 4
Phone 239-344 -5688, Fax 850 -412 -0590
From: KurtzGerald [ mailto :GeraidKurtz@colliergov.netJ
Sent: Monday, June 06, 20114:01 PM
To: Romeis, Gordon
Subject: FIN: NGGE Flowway project - letter needed
Hi Gordon. With our completion of a good scope of work for the proiect now I need to get the funding in
place so We can hits a consultant. Typically I havE to perr vsslon from ou- Board of County
Commissioners (KC-) to apohI for grant :ending. I think I can do the more informal letter reouest a
Stated pelota by Jennifer hu` I would sell! need to het permLSior t0 send ;t to you flr_t irom the BCC. �ar.
you send me a or- more into or the Brant and maybe, the forms mentioned below so i can get tr.- [call
roll ing-
Jerry l,urtz, P._=:.
^. _IGai Pro lc:: F�rareas --
_tcrmwate: -cn'. Enviro^ i ntz PPu tam 7eSe ^son
Lan Servi:.ec Denarzmen:
"'- Collier Couniv Growth IVianag9ment Divisior
janyi:urtz��coliiergoc.ne °.
2
Packet Page -1372-
7126/2011 Item 16.A.14.
Fax "9.252 -6201
From: Nelson, Jennifer [ maitto: Jennifer.Nelson @dep.state.fl.us]
Sent: Thursday, April 21, 2011 10:58 AM
To: HatcherMac, KurtzGerald
Subject: NGGE Flowway project - letter needed
Mac and Jerry,
In addition to the SOW for the NGGE Flowway project, we will need a letter from Collier County requesting the
grant money. A simple letter with the following points will be enough. Jerry — your signature on it will be fine.
The County is proposing to conduct the NGGE Flowway Restoration Plan project (Phase II of a larger
project) with grant money from the SFWMD BCB and DEP
The project will address critical water resource issues in the NGGE area, which will provide benefits to
downstream waterbodies including Naples Bay
The County is requesting funding from the GAC restricted account in the amount of $75,000. Matching
funds from the SFWMD will be provided
Also, Gordon is going to give you a call Mac to talk to you about a couple of forms he needs filled out for the DEP
agreement.
Thanks!
Jennifer
ienniie- Nebo.-
Environmentol Administrato-
nvironmental Assessment & Restorutio--
Eioriaa Department o= Environmental Protection
Soutr, Dist, it Jffi.,e
9: Victoria AVE. Suite 36-:
o Mver.. _ 339-"
The Department of Environmental Protection values your feedback as a customer. DEP Secretary Herschel T.
Vinyard Jr. is committed to continuously assessing and improving the level and quality of services provided to you.
Please take a few minutes to comment on the quality of service you received. Simply click on this linr, to the DE
Customer Svrve.. Thank you in advance for completing the survey.
Packet Page -1373-
7/26/2011 Item 16.A.14.
Agenda Item No. 16A16
December 14, 2010
Page 1 of 23
EXECUTIVE SUMMARY
Recommendation to approve Funding Agreement No. 4600002213 with the South Florida Water
Management District in the amount of $775,000.00 providing funding assistance with two (2)
Stormwater projects and to approve an agreement with the Collier Soil and Water Conservation
District necessary to facilitate funding assistance with the second project and approve the
necessary budget amendments.
CONSIDERATIONS: On August 27, 2010, the Board of the Big Cypress Basin (BCB) of the South
Florida Water Management District (SFWMD) approved entering into a cooperative agreement
(Attachment 1 - Agreement #4600002213) with Collier County providing matching funds in the
amount of $700,000.00 for the next segment of LASH' (Project No. 5110 1) - the Northwest Royal
Wood culvert and Whitaker Road improvements, and $75,000.00 for completion of phase 2 of the
Northern Golden Gate Estates Flowway Restoration Plan (Project No. 33134). That agreement, along
with an agreement necessary to facilitate funding assistance for the Northern Golden Gate Estates
Flowway Plan with the Collier Soil and Water Conservation District (Attachment 2), are now being
brought to this Board for approval.
The LASH' Northwest Royal Wood culvert and Whitaker Road improvements are construction ready.
Bids have been received. A construction contract award and project commencement is anticipated
within the first quarter of 2011. The purpose of the LASH' project is to provide a comprehensive
stormwater outfall system for the area of East Naples, which has experienced an increasing level of
drainage related problems as growth has continued in the area. The drainage area of LASIP consists of
about 11,135 acres and consists of two sub - basins known as the Lely Canal Basin system and the Lely
Manor Basin system. The Lely Canal Basin discharges into an estuarine coastal zone along the
intercoastal waterway near Dollar Bay. The Lely Manor Canal discharges into an estuarine coastal
zone near the headwaters of Sandhil) Bay and eventually into Rookery Bay.
The purpose of the Northern Golden Gate Estates Flowway Restoration Plan is to develop an
assessment of the hydrology and vegetation characteristics of a 34 square-mile area of the Northern
Golden Gate Estates and northern Belle Mead area Long term plan goals are to restore strategic areas
of drained wetlands within certain areas of the study area allowing for storage, treatment and
conveyance of stormwater runoff. The project will provide wetland delineation and assessment and
develop a hydrologic/hydraulic model to assess the feasibility of flowway connections of Northern
Golden Gate Estates to North Belle Meade. Conveyance across the existing I -75 drainage features to
the South Belle Meade area will be evaluated and alternative flowway concepts will be developed and
recommended.
Preliminary work on this plan, referred to as the Horsepen Strand Conservation Area Phase I Study,
was sponsored by the Collier Soil and Water Conservation District (CSWCD) and was completed in
July 2008. At that time a second phase of the study was anticipated but no funding was available.
Funding is now available for the project. Matching grants are being provided by the Florida
Department of Environmental Protection and the South Florida Water Management District. Work on
the plan, now known as phase 2 of the Northern Golden Gate Estates Flowway Restoration Plan
project, is ready to begin.
Packet Page -1374-
7/26/2011 Item 16.A.14.
Agenda Item No. 16A16
December 14, 2010
Page 2 of 23
The CSWCD will again coordinate execution of the effort. CSWCD is a partner and stakeholder with
Collier County in development of the Watershed Management Plans. Completion of phase 2 of the
study will be jointly managed by staff from Collier County, the Big Cypress Basin of the South Florida
Water Management District, and CSWCD. Project management team tasks include development of
the phase 2 scope of work, schedule of completion, consultant work progress oversight, deliverable
review and evaluation for acceptance. Upon evaluation and acceptance of the project deliverables,
funds received by Collier County from the SFWMD will be remitted to the CSWCD per the attached
agreement (Attachment 2) for payment to the consultant. Advancement of the Northern Golden Gate
Estates Flowway Restoration Plan is part of the Watershed Management Plans and a significant step
forward in development of the County Long Range Surface Water Management Plan.
FISCAL 51PACT: Budget amendments are needed to recognize $700,000 in revenue to provide a
matching contribution of $700,000 from the LASIP project (Project no. 51101). Budget amendments
are needed in the amount of $75,000 to recognize revenue received for Phase 2 of the Northern Golden
Gate Estates Flowway Restoration plan (Project no. 33134). Matching fimds are available in the
Stormwater Capital Fund.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office and is
legally sufficient for Board action. —SRT.
GROWTH MANAGEMENT IlIIPACT: The LASIP construction of the Northwest Royal Wood
culvert and Whitaker Road improvements and the Northern Golden Gate Estates Flowway Restoration
Planning effort are both in accordance with the goals and objectives of the Drainage Sub - element of
the Growth Management Plan.
RFc'OMMENDATION: Approve: (1) The attached South Florida Water Management District
(SFWMD) Funding Agreement No. 4600002213 in the amount of $775,000.00, (2) the attached
agreement with the Collier Soil and Water Conservation District necessary to facilitate the Golden
Gate Estates Flowway project; (3) the budget amendments recognizing revenue for the two projects;
and (4) direct the Board Chairman to execute both agreements.
Prepared By: Margaret A. Bishop, Sr. Project Manager, Growth Management Division, Transportation
Engineering Department
Attachments: (1) Agreement #4600001684
(2) Agreement with CSWCD
(3) Budget Amendments
Packet Page -1375-
7/26/2011 Item 16.A.14.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
Fedex Ground Delivery
417656215017317
January 7, 2011
Ms. Margaret A. Bishop, Project Mgr,
Collier County Growth Mgmt. Division
2885 Horseshoe Drive South
Naples, FL 34104
Dear Ms. Bishop:
Subject: Contract # 4600002213
Stormwater Improvement Projects FYI
Please find enclosed one (1) fully executed copy of the above referenced document.
Thank you for your efforts on behalf of the South Florida Water Management District
(District). Should there be any questions, or if you require any additional information,
please contact me.
Sincerely,
Rupert Giroux
Contract Specialist
Procurement Department
rgiroux @sfwmd.gov
(561) 682 -2532
FAX: (561) 681 -6275
RG /cdl
Enclosure
c: Max Guerra, MSC 2351
Procurement/Original File
3301 Gun Club Road. West Palm Beach, Florida 33406 (361) 686 -8800 • FL WATS 1 -800- 432 -2045
Mailing Address. P.O. Boz 246f- '° ' ° ' -' -'- - ^,16-068(1 • www.sfwmd.gov
Packet Page -1376-
7/26/2011 Item 16.A.14.
ORIGINAL
SAP REFERENCE NO. 9S' 0660 YV77
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
LOCAL GOVERNMENTAL AGREEMENT
AGREEMENT NO. 4600002213
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
THIS AGREEMENT is entered into as of the JAN 0 5 2011 by and between the
South Florida Water Management District (DISTRICT) and the Board of County
Commissioners of Collier County, Florida, as the Governing Board of Collier County and Ex-
Officio the Governing Board of the Collier County Water Sewer District (COUNTY).
WHEREAS. the DISTRICT is a public corporation of the State of Florida, created by
the Florida Legislature and given those powers and responsibilities enumerated in Chapter 373.
Florida Statutes. to include entering into contracts with public agencies, private corporations or
other persons: and
WHEREAS. the DISTRICT desires to provide financial assistance to the COUNTY for
the Northwest Royal Wood Culvert and Whitaker Road Improvements: and the Northern Golden
Gate Estates Flow -way Restoration Master Plan: and
WHEREAS. the COUNTY warrants and represents that it has no obligation or
indebtedness that would impair its ability to fulfill the terms and conditions of this
AGREEMENT: and
WHEREAS, the Governing Board of the DISTRICT. at its October 14, 2010 meeting,
approved entering into this AGREEMENT with the COUNTY:
NOW, THEREFORE, in consideration of the covenants and representations set forth
herein and other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the parties agree as follows:
1. The DISTRICT agrees to contribute funds and the COUNTY agrees to perform the
work set forth in Exhibit "A" attached hereto and made a part hereof, subject to
.Agreemt Packet Page - 1377 -tee 1 of 7
7/26/2011 Item 16.A.14.
availability of funds and in accordance with their respective authorities for the COUNTY
to (1) construct drainage improvements in Northwest Royal Wood and Whitaker Road;
and (2) develop a Master Plan to reconnect the historic flow -way in the North Belle
Meade Restoration Area.
2. The period of performance of this AGREEMENT shall commence on the date of
execution of this AGREEMENT and shall continue for a period one (1) year.
3. The total DISTRICT contribution shall not exceed the amount of Seven Hundred
Seventy Five Thousand Dollars and No Cents ($775,000.00). The DISTRICT shall
make payment upon completion and acceptance of the deliverables as described in the
Payment and Deliverable Schedule set forth in Exhibit `B ", which is attached hereto and
made a part of this AGREEMENT. The DISTRICT's contribution is subject to
adequate documentation to support actual expenditures within the not -to- exceed
AGREEMENT funding limitation of $775,000.00. In no event shall the DISTRICT be
liable for any contribution hereunder in excess of this amount. In the event the
COUNTY is providing a cost sharing contribution as provided for in paragraph 5 below,
the COUNTY shall provide evidence that its minimum cost share has been met for each
invoice submitted. The subject cost share documentation shall be included with each
invoice. If the total consideration for this AGREEMENT is subject to multi -year
funding allocations, funding for each applicable fiscal year of this AGREEMENT will
be subject to Governing Board budgetary appropriation. In the event the DISTRICT
does not approve funding for any subsequent fiscal year, this AGREEMENT shall
terminate upon expenditure of the current funding, notwithstanding other provisions in
this AGREEMENT to the contrary. The DISTRICT will notify the COUNTY in
writing after the adoption of the final DISTRICT budget for each subsequent fiscal year
if funding is not approved for this AGREEMENT.
4. The COUNTY shall submit quarterly financial reports to the DISTRICT providing a
detailed accounting of all expenditures incurred hereunder throughout the term of this
AGREEMENT. The COUNTY shall report and document the amount of funds
expended per month during the quarterly reporting period and the AGREEMENT
expenditures to date within the maximum not -to- exceed AGREEMENT funding
limitation.
5. The COUNTY shall cost share in the total amount of Seven Hundred Seventy Five
Thousand Dollars and No Cents ($775,000) in conformity with the laws. and regulations
governing the COUNTY.
6. All work to be performed under this AGREEMENT is set forth in Exhibit "A ",
Statement of Work, which is attached hereto and made a part of this AGREEMENT.
The COUNTY shall submit quarterly progress reports detailing the status of work to date
for each task. The work specified in Exhibit "A" shall be under the direction of the
COUNTY but shall be open to periodic review and inspection by either party. No work
set forth in Exhibit "A" shall be performed beyond the expiration date of the
AGREEMENT, unless authorized through execution of an amendment to cover
succeeding periods.
7. The COUNTY is hereby authorized to contract with third parties (subcontracts) for
services awarded through a competitive process required by Florida Statutes. The
Ag""' Packet Page - 1378 -'e 2 of 7
7/26/2011 Item 16.A.14.
COUNTY shall not subcontract, assign or transfer any other work under this
AGREEMENT without the prior written consent of the DISTRICT's Project Manager.
The COUNTY agrees to be responsible for the fulfillment of all work elements included
in any subcontract and agrees to be responsible for the payment of all monies due under
any subcontract. It is understood and agreed by the COUNTY that the DISTRICT shall
not be liable to any subcontractor for any expenses or liabilities incurred under the
subcontract(s).
8. Both the DISTRICT and the COUNTY shall have joint ownership rights to all work
items, including but not limited to, all documents, technical reports, research notes,
scientific data, computer programs, including the source and object code, which are
developed, created or otherwise originated hereunder by the other party, its
subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "A ",
Statement of Work. Both parties' rights to deliverables received under this
AGREEMENT shall include the unrestricted and perpetual right to use, reproduce,
modifv and distribute such deliverables at no additional cost to the other party.
Notwithstanding the foregoing, ownership of all equipment and hardware purchased by
the COUNTY under this AGREEMENT shall be deemed to be the property of the
COUNTY upon completion of this AGREEMENT. The COUNTY shall retain all
ownership to tangible property.
9. The COUNTY, to the extent permitted by law, assumes any and all risks of personal
injury, bodily injury and property damage attributable to negligent acts or omissions of
the COUNTY and the officers, employees, servants and agents thereof. The COUNTY
represents that it is self - funded for Worker's Compensation and liability insurance,
covering bodily injury, personal injury and property damage, with such protection being
applicable to the COUNTY, its officers and employees while acting within the scope of
their employment during performance of under this AGREEMENT. In the event that
the COUNTY subcontracts any part or all of the work hereunder to any third party, the
COUNTY shall require each and every subcontractor to identify the DISTRICT as an
additional insured on all insurance policies as required by the COUNTY. Any contract
awarded by the COUNTY shall include a provision whereby the COUNTY's
subcontractor agrees to indemnify, pay on behalf, and hold the DISTRICT harmless
from all damages arising in connection with the COUNTY's subcontract.
10. The COUNTY and the DISTRICT further agree that nothing contained herein shall be
construed or interpreted as (1) denying to either party any remedy or defense available to
such party under the laws of the State of Florida: (2) the consent of the State of Florida or
its agents and agencies to be sued: or (3) a waiver of sovereign immunity of the State of
Florida beyond the waiver provided in Section 768.28, Florida Statutes.
11. The parties to this AGREEMENT are independent entities and are not employees or
agents of the other parties. Nothing in this AGREEMENT shall be interpreted to
establish any relationship other than that of independent entities, between the
DISTRICT, the COUNTY, their employees, agents, subcontractors or assigns, during or
after the term of this AGREEMENT. The parties to this AGREEMENT shall not
assign, delegate or otherwise transfer their rights and obligations as set forth in this
AGREEMENT without the prior written consent of the other parties. Any attempted
assignment in violation of this provision shall be void.
Agreem, Packet Page - 1379 -;ge 3 of 7
7/26/2011 Item 16.A.14.
12. The parties to this AGREEMENT assure that no person shall be excluded on the
grounds of race, color, creed, national origin, handicap, age or sex, from participation in,
denied the benefits of, or be otherwise subjected to discrimination in any activity under
this AGREEMENT.
13. The COUNTY, its employees, subcontractors or assigns. shall comply with all applicable
federal, state and local laws and regulations relating to the performance of this
AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but
will attempt to advise the COUNTY, upon request, as to any such laws of which it has
present knowledge.
14. Either party may terminate this AGREEMENT at any time for convenience upon thirty
(30) calendar days prior written notice to the other party. In the event of termination, all
funds not expended by the COUNTY for authorized work performed through the
termination date shall be returned to the DISTRICT within sixty (60) days of
termination.
15. The COUNTY shall allow public access to all project documents and materials in
accordance with the provisions of Chapter 119, Florida Statutes. Should the COUNTY
assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of
establishing such exemption, by way of injunctive or other relief as provided by law, shall
be upon the COUNTY.
16. The COUNTY shall maintain records and the DISTRICT shall have inspection and audit
rights below. The COUNTY shall similarly require each subcontractor to maintain and
allow access to such records for audit purposes:
A. Maintenance of Records: The COUNTY shall maintain all financial and non-
financial records and reports directly or indirectly related to the negotiation or
performance of this AGREEMENT including supporting documentation for any service
rates, expenses, research or reports. Such records shall be maintained and made available
for inspection for a period of five (5) years from the expiration date of this
AGREEMENT.
B. Examination of Records: The DISTRICT or designated agent shall have the right to
examine in accordance with generally accepted governmental auditing standards all
records directly or indirectly related to this AGREEMENT. Such examination may be
made only within five (5) years from the expiration date of this AGREEMENT.
C. Extended Availabilitv of Records for Legal Disputes: In the event that the
DISTRICT should become involved in a legal dispute with a third parry arising from
performance under this AGREEMENT, the COUNTY shall extend the period of
maintenance for all records relating to the AGREEMENT until the final disposition of
the legal dispute. All such records shall be made readily available to the DISTRICT.
17. Whenever the DISTRICT's contribution includes state or federal appropriated funds, the
COUNTY shall, in addition to the inspection and audit rights set forth in paragraph 16
- above, maintain records and similarly require each subcontractor to maintain and allow
access to such records in compliance with the requirements of the Florida State Single
Audit Act and the Federal Single Audit Act, as follows:
Agreeme Packet Page - 1380 - =e 4 of 7
7/26/2011 Item 16.A.14.
A. Maintenance of Records: The DISTRICT shall provide the necessary information to
the COUNTY as set forth in Exhibit "C ". The COUNTY shall maintain all
fmancial /non- fmancial records through:
(1) Identification of the state or federal awarding agency. as applicable
(2) Project identification information included in the Catalog of State Financial
Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA), as
applicable
(3) Audit and accountability requirements for state projects as stated in the Single
Audit Act and
applicable rules of the Executive Office of Governor, rules of the Chief Financial
Officer and rules of the Auditor General and the State Projects Compliance
Supplement
(4) Audit/accountability requirements for federal projects as imposed by federal laws
and regulations
(5) Submission of the applicable single audit report to the DISTRICT, as completed
per fiscal year
B. Examination of Records: The DISTRICT or designated agent, the state awarding
agency, the state's Chief Financial Officer and the state's Auditor General and/or federal
awarding agency shall have the right to examine the COUNTY's financial and non-
financial records to the extent necessary- to monitor the COUNTY's use of state or
federal financial assistance and to determine whether timely and appropriate corrective
actions have been taken with respect to audit findings and recommendations which may
include onsite visits and limited scope audits.
18. All notices or other communication regarding this AGREEMENT shall be in writing and
forwarded to the attention of the following individuals:
South Florida Water Management District Collier County Growth Mgmt. Div.
Attn: Max Guerra, Project Manager Attn: Margaret A. Bishop. Project Mgr. (Project 1)
Attn: Rupert Giroux, Contract Specialist Ph No. (239) 252 -5857; Fax No. (239) 252 -6050
_301 Gum Club Road Attu: Jem Kurtz. Project Mgr. (Project 2)
West Palm Beach, FL 33406 Ph No. (239) 252 -5860; Fax No. (239) 252 -6201
Telephone No. (561) 682 -2532
FAX No. (561) 681 -6275 2885 Horseshoe Drive South
Napies. FL 34104
19. Invoices, clearly marked "ORIGINAL ". shall be sent to the attention of Accounts
Payable at the DISTRICT's address specified below. All invoices shall reference the
AGREEMENT and SAP Reference Numbers specified on page one of this
AGREEMENT. In addition, a copy of the invoice shall be sent to the attention of the
DISTRICT's Project Manager either at the address specified in paragraph 18 above or
via Facsimile (FAX) using the FAX number also specified above.
South Florida Water Management District
Attention: Accounts Pavable
P.O. Box 24682
West Palm Beach, Florida 33416 -4682
Agreeme: Packet Page - 1381 --e 5 of,,
7/26/2011 Item 16.A.14.
20. COUNTY recognizes that any representations, statements or negotiations made by
DISTRICT staff do not suffice to legally bind DISTRICT in a contractual relationship
unless they have been reduced to writing and signed by an authorized DISTRICT
representative. This AGREEMENT shall inure to the benefit of and shall be binding upon
the parties, their respective assigns, and successor- in interest.
21. This AGREEMENT may be amended, extended or renewed only with the written
approval of the parties. The DISTRICT shall be responsible for initiating any
amendments to this AGREEMENT, if required.
22. This AGREEMENT, and any work performed hereunder, is subject to the Laws of the
State of Florida. Nothing in this AGREEMENT will bind any of the parties to perform
beyond their respective authority, nor does this AGREEMENT alter the legal rights and
remedies which the respective parties would otherwise have, under law or at equity.
23. Should any term or provision of this AGREEMENT be held, to any extent, invalid or
unenforceable, as against any person, county or circumstance during the term hereof, by
force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity
shall not affect any other term or provision of this AGREEMENT, to the extent that the
AGREEMENT shall remain operable, enforceable and in full force and effect to the extent
permitted by law.
24. Failures or waivers to insist on strict performance of any covenant, condition, or provision
of this AGREEMENT by the parties shall not be deemed a waiver of any of its rights or
remedies, nor shall it relieve the other party from performing any subsequent obligations
strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective
unless in writing and signed by the party against whom enforcement is sought. Such waiver
shall be limited to provisions of this AGREEMENT specifically referred to therein and
shall not be deemed a waiver of any other provision. No waiver shall constitute a
continuing waiver unless the writing states otherwise.
25. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be
submitted jointly to the signatories of this AGREEMENT with each party agreeing to
seek in good faith to resolve the issue through negotiation or other forms of non - binding
alternative dispute resolution mutually acceptable to the parties. A joint decision of the
signatories, or their designees, shall be the disposition of such dispute.
26. This AGREEMENT states the entire understanding and agreement between the parties and
supersedes any and all written or oral representations, statements, negotiations, or
agreements previously existing between the parties with respect to the subject matter of this
AGREEMENT.
27. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the
following order:
(a) Terms and Conditions outlined in preceding paragraphs 1 — 26
(b) Exhibit "A" Statement of Work
(c) Exhibit `B" Payment and Deliverable Schedule
— (d) All other exhibits, attachments and documents specifically incorporated herein by
reference
Agreemen Packet Page - 1382 - 2 6 of 7
7/26/2011 Item 16.A.14.
IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby, execute this
AGREEMENT on the date first written above.
SFWMD PROCYREMIWT APPROVED
Date:
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
BY ITS GOVERNING BOARD
r '
6 Jas ica J. Flathmann, D' ctor Procurement
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA
AIM
Bv: (�
FRED W. COYLE, CHAIRMAN
Approved as to form & legal sufficien�
Assistant unty Attomey
Affeemer, " ---------- — e.7 of7
Packet Page- 1383
7/26/2011 Item 16.A.14.
EXHIBIT "A"
STATEMENT OF WORK
COLLIER COUNTY
STORMWATER IMPROVEMENT PROJECTS FYI
A. INTRODUCTION
The District's Big Cypress Basin Board budget has earmarked funding for FYll for
implementation of watershed restoration projects that benefit the Naples Bay Initiative.
The goals of the Initiative are to:
• Construct stormwater treatment structures /facilities that improve polluted runoff
• Improve the hydrology (quantity, timing and distribution) associated with freshwater
discharges to the estuaries
• Restore sea grasses, oyster reefs, and mangroves in the Naples Bay.
This agreement includes two projects: Project 1 is a construction project of the Lely Area
Stormwater Improvements Project known as LASIP that is part of the Naples Bay Initiative with
projects addressing important water restoration and management issues in Collier County and
Project 2 is the development of a Drainage Master Plan for the Northern Golden Gate Estates
area.
The LASIP will provide a comprehensive stormwater outfall system for the East Naples area,
which has experienced an increasing level of drainage related problems as growth has continued
in the area. The drainage area of LASIP consists of about 11,135 acres and two sub - basins
known as Lely Canal Basin and Lely Manor Basin systems.
Due to the lack of a comprehensive drainage outfall system in the LASIP area, continued
development of the area has impacted flood levels as well as water quality. Available data
indicates that water quality is deteriorating and an improved water management system for the
area is urgently needed.
The improvements scheduled for FYI 1 include the following projects:
• Construction of Drainage Improvements in Northwest Royal Wood Culvert and Whitaker
Road. The construction costs are estimated at $2,300,000.
• Northern Golden Gate Estates Flowway Restoration Master Plan. The costs are estimated
at $150,000.
This is a cost -share project with funding provided from the District and Collier County. The
total estimated cost for the project is $2,450,000. The total payment by the District shall not
exceed the amount of $775,000 for this cooperative agreement.
Agreement 4600002213, Page I of 6
Packet Page -1384-
7/26/2011 Item 16.A.14.
PROJECT #1: NORTHWEST ROYAL WOOD CULVERT AND WHITAKER
ROADIMPROVEMENTS
PROJECT #2: NORTHERN GOLDEN GATE ESTATES FLOWWAY
RESTORATION- MASTER PLAN
B. OBJECTIVES
The purpose of this agreement is to provide funding to accomplish in FYI 1 following projects:
Construction of Drainage Improvements in Northwest Royal Wood and Whitaker Road
The project will drain into the Lely Main Canal which will alleviate drainage problems
within this portion of East Naples.
The estimated start of the construction is scheduled for December 2010.
Develop a Master Plan for Surface /Stone Water Management to reconnect the historic
flowway in the North Belle Meade Restoration Area, an area defined as approximately 34
square miles encompassing all or part of Sections 29 -31. Township 47 South, Range 28
East; Sections 4 -9. 17, 19, 20, 29 -32, Township 48 South, Range 28 East; Section 36,
Township 48 South. Range 27 East; Sections 6, 7, 18, Township 49 South, Range 28
East; Sections 1, 11 -14, 22 -277 33-36. Township 49 South, Range 27 East, Collier
County.. Florida.
C. SCOPE OF WORK
PROJECT #1: NORTHWEST ROYAL WOOD CULVERT AND WHITAKER
ROAD IMPROVEMENTS
This project is a continuation of the design and construction completed in FY10 for the North
Portion of the Lely Main Canal. The Whitaker Road improvements will drain into the Lely Main
Canal which will alleviate drainage problems within this portion of East Naples. The land use
within the basin consists of modem developments with improved water management systems
consistent with current design requirements, and older neighborhoods that were developed before
water management systems were required.
This segment of the project will provide installation of reinforced concrete pipe where an open
ditch system exists. The first culvert runs north and south under Whitaker Road and is
approximately 65 LF. The second culvert runs north and south approximately 1,800 LF along
the western border of Roval Wood Country Club.
PROJECT 42: NORTHERN GOLDEN GATE ESTATES FLOWWAY
RESTORATION- MASTER PLAN
This project includes the following components: Wetland Delineation and Assessment, Develop
a Hvdrologic/Hydraulic Model to assess the feasibility of flow wav connections of Northern
Agreement 4600002213, Page 2 of 6
Packet Page -1385-
7/26/2011 Item 16.A.14.
Golden Gate Estates to North Belle Meade and convey across the existing 1 -75 drainage features
to the South Belle Meade area (detailed model scope to be developed), and evaluate alternative
flow way concepts as modeled and develop a recommended plan.
D. WORK BREAKDOWN STRUCTURE
The County shall be responsible for the satisfactory completion of this project and may retain a
consultant to provide the professional services needed to assist the County during construction.
The County shall be responsible for project management, budget management and quality
control and public outreach. The County shall be responsible for reviewing and approving
deliverables from its construction contractor(s) and consultant(s) to ensure that the project
objectives are met.
PROJECT #1: NORTHWEST ROYAL WOOD CULVERT AND WHITAKER
ROAD IMPROVEMENTS
A. Construction Bidding
This includes completion of the construction bidding process needed through issuance of the
Notice -to- Proceed with construction:
• Advertising /Distribution of Bid Specifications, Bid Specification Addendums, as required
• Bid Opening, Bid Technical /Commercial Review
• Selection of Contractor(s)
• Insurance Requirements
• Issuance of Notice -to- Proceed with Construction
Deliverable: Notice -to- Proceed with Construction
B. Mobilization and Clearing
• Obtain schedule from Contractor
• Obtain Work Plan from Contractor
• Complete vegetative clearing along bank
Deliverables: Copies of Contractor's schedule and Work Plan
C. Construction
This includes construction, engineering oversight, and project management of the construction
activities as identified below, as required.
• Construction of the stormwater improvements in accordance with approved plans,
specifications and permit requirements
• Other construction activities that are directly and appropriately associated with achieving
the project objectives or completing the project scope
• Engineering Oversight and Project Management
• Addendums or revisions to design plans and specifications
- • Site Visits. Inspection and Testing
Agreement 4600002213, Page 3 of 6
Packet Page -1386-
7/26/2011 Item 16.A.14.
• Construction Observation
• Certification of 50% Completion
Deliverables: Certification of 50% Completion of Construction
PROJECT #2: NORTHERN GOLDEN GATE ESTATES FLOWWAY
RESTORATION- MASTER PLAN
• Wetland Assessment
• Hydrologic/Hydraulic Model
• Alternative Evaluation & Recommended Plan
Agreement 4600002213, Page 4 of 6
Packet Page -1387-
7126/2011 Item 16.A.14.
EXHIBIT "B"
PAYMENT AND DELIVERABLE SCHEDULE
If the total consideration for this AGREEMENT is subject to multi -year funding allocations,
funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Board
budgetary appropriation. In the event the DISTRICT does not approve funding for any
subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current
funding, notwithstanding other provisions in this AGREEMENT to the contrary.
All invoices shall be accompanied by adequate documentation to demonstrate completion of
each task in accordance with the Statement of Work requirements. All deliverables submitted
hereunder are subject to review and acceptance by the District. Acceptability of all work will be
based on the judgment of the District that the work is technically complete and accurate.
• A summary deliverable and payment schedule associated with this project is set forth
below including specific deliverables associated with each task and due dates for all
deliverables.
• All deliverables submitted hereunder are subject to review and acceptance by the District.
• Acceptability of all work will be based on the judgment of the District that the work is
technically complete and accurate.
• Payment shall be made following receipt and acceptance by the District of project
invoices in accordance with the schedule set forth below.
• All invoices shall be accompanied by adequate documentation to demonstrate completion
of each task in accordance with this Statement of Work document.
A one lump sum amount of $ 700,000 will be paid to Collier County upon completion of
Task 1.
Agreement 4600002213, Page 5 of 6
Packet Page -1388-
7/26/2011 Item 16.A.14.
(A) Wetland Assessment
Draft Report
January
2011
(B) Hydrologic /Hydraulic Model
Draft Report
April 2011
(C) Alternative Evaluation and
Draft Report
August 2011
Recommended Plan
(D) Final Master Plan
Final Report (5 hard
September
copies, 1 electronic copy
2011
including all data)
Task 2 Total DistrictBCB Share
$75,000.
A one lump sum amount of $ 75,000 will be paid to Collier County upon completion of
Task 2.
* The District shall only be obligated to pay for documented actual expenditures within the not-
to- exceed amounts specified above.
Agreement 4600002213, Page 6 of 6
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7/26/2011 Item 16.A.14.
16A 16
PROJECT: Northern Golden Gate Estates Flowway Restoration Plan
Collier County P/N 33134
AGREEMENT TO FACILITATE FUNDING FOR THE NORTHERN GOLDEN GATE
ESTATES FLOWWAY RESTORATION PLAN
THIS Agreement to facilitate funding for the Northern Golden Gate Estates
Flowway Restoration Plan (hereinafter referred to as the "Agreement ") is made and
entered into on this 14th day of December, 2010, by and between the COLLIER SOIL
AND WATER CONSERVATION DISTRICT, whose mailing address is 14700
Immokalee Road, Naples, FL 34120, (hereinafter referred to as "CSWCD "), and
COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to
as "County "), whose mailing address is 3301 Tamiami Trail East, Naples, Florida
34112.
WHEREAS, the CSWCD is managing the next phase of development of the
Northern Golden Gate Estates Flowway Restoration Plan jointly with staff from Collier
County and the Big Cypress Basin of the South Florida Water Management District
(hereinafter referred to as the "Management Team "), agreed to in a jointly prepared
scope of work as described in Exhibit "A ", which is attached hereto and made a part of
this Agreement (hereinafter referred to as the "Plan "); and
WHEREAS, County will act as an agent between the South Florida Water
Management District (the "District ") and CSWCD for disbursement of funds based on
the terms and conditions set forth herein; and
WHEREAS, the Management Team will oversee, review and evaluate Plan
deliverables for compliance and final acceptance; and
WHEREAS, joint management and advancement of the Plan furthers
development of the County Watershed Management Plan and the County Long Range
Surface Water Management Planning effort; and
WHEREAS, the County has determined and CSWCD agrees that it is in the
public's best interest to consummate this Agreement
NOW THEREFORE, in consideration of these premises and the objectives set
forth in Exhibit "A," 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. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits referenced
herein are made a part of this Agreement.
2. The County as a local government agency will disburse funds it receives from the
District allocated to this project, not to exceed $75,000.00, which will ultimately be
Packet Page -1391-
7/26/2011 Item 16.A.14.
a.vn AV
Page 2
remitted to CSWCD as payment for completion of the Plan. Funds that the County
receives from the District will be disbursed to CSWCD upon receipt in accordance with
the following procedures:
a) This project is a cost share project with an anticipated total contribution
between the Florida Department of Environmental Protection and the
District in the amount of $150,000. The District's share shall not
exceed $75,000.00; which amount will be remitted from the District to
the County upon submission of invoices showing that a minimum 50%
cost share has been met on invoices submitted by CSWCD forwarded
to the District.
b) The CSWCD will timely submit invoices documenting the work
completed on the Project in a form acceptable to the County. CSWCD
shall include cost share documentation with each invoice it supplies to
the County. Upon receipt of its invoices, the Management Team will
certify deliverables and concurrently process and forward invoices to
the appropriate District project manager for payment. The District
shall remit prompt payment to the County within thirty (30) days of its
receipt of the invoices. Once funds from the District have been
received by the County, the County will process and remit payment to
CSWCD within thirty (30) days of receipt.
C) The County shall only be obligated to reimburse the CSWCD in its role
as recipient of funds actually received from the District for documented
expenditures submitted by the CSWCD up to the $75,000.00 not -to-
exceed amount specified above.
d) CSWCD shall maintain all records required by the County. All invoices,
plans, surveys, information, documents, maps, and other data
procedures developed, prepared, assembled, or completed by the
consultant for the purpose of this Agreement shall be made available
to the County by the CSWCD at any time upon request by the County
and be subject to treatment under Chapter 119, Florida Statutes, also
known as the Public Records Law. Upon completion of all work
contemplated under this Agreement copies of all documents and
records relating to this Agreement shall be surrendered to County, if
requested.
3. County and CSWCD agree to do all things which may be required to give effect to
this Agreement immediately as such requirement is made known to them or they
are requested to do so, whichever is the earlier.
4. County agrees, represents and warrants the following:
a. County has full right, power and authority to enter into and to execute this
Agreement, to execute, deliver and perform its obligations under this
Agreement and the instruments executed in connection herewith, to undertake
Packet Page -1392-
7/26/2011 Item 16.A.14.
lagve 3H l b
all actions and to perform all tasks required of County hereunder and to
consummate the transaction contemplated hereby.
b. No party or person other than the CSWCD has any right or option to acquire the
Plan or any portion thereof.
5. County agrees to act as an agent between the CSWCD and the South Florida
Water Management district to dispense funds and participate as part of the
Management Team and has no fiscal responsibility for completion of the Plan.
6. The CSWCD agrees, represents and warrants the following:
a. CSWCD shall coordinate and confer with the County and other similarly
situated parties as necessary throughout the completion of the Plan.
b. CSWCD shall act as the leader of the Management Team to oversee Plan
development.
c. CSWCD shall provide a schedule and progress reports to the County
upon commencement of the Plan through completion as described in
Exhibit "A." CSWCD agrees to regularly communicate with the County and
respond to inquiries regarding the project within a reasonable period of
time during the Plan development period by telephone, e-mail, project
meetings and reports, as appropriate.
d. Upon completion of the Plan, including work authorized under any change
orders and supplemental agreements, CSWCD will conduct a final review
and approval of the work in conjunction with the Management Team,
when funds from the District have been received by the County and prior
to the County issuing final payment.
e. All contracts entered into by CSWCD for completion of the Plan shall
require the party contracting with CSWCD to save harmless, indemnify
and defend County and its agents, officers and employees from any and
all claims, losses, penalties, demands, judgments, and costs of suit,
including attorney's fees, or any expense, damage or liability incurred by
any of them, whether personal injury, property damage, direct or
consequential damages or economic loss, arising directly or indirectly on
account of or in connection with the work done by CSWCD's contractor
pertaining to the completion of the Plan or by any person, firm or
corporation to whom any portion of the Plan is subcontracted by
CSWCD's contractor.
f. CSWCD shall be solely responsible for all costs directly and indirectly
associated with the design, permit and contract administration services to
be performed in connection with completion of the Plan.
Packet Page -1393-
7/26/2011 Item 16.A.14.
rvrt A�.1
Page 4
g. The CSWCD shall provide the County with all State directives and
communications received during the completion of the Plan and provide
copies of all project deliverables in connection with completion of the Plan.
h. The CSWCD's contractors shall maintain insurance in the following
amounts:
(1) $1,000,000.00 in pollution liability coverage;
(2) $1,000,000.00 in employer's liability insurance;
(3) $1,000,000.00 in general liability coverage;
(4) $500,000.00 in automobile liability coverage; and
(5) Statutory minimum for workers compensation coverage.
i. In addition, CSWCD's contractors shall add the County as an
additional insured on its general liability insurance policy.
j. CSWCD and the County mutually agree and represent that CSWCD shall
match any grant funding for completion of the plan received from the
District, in accordance with match amounts stipulated by the District, up to
the amount of $75,000.00.
7. This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of
and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustees, and/or assignees,
whenever the context so requires or admits and shall terminate no later than
(30) days after completion of the Plan, unless the parties mutually agree to
extend that period through a separate written document amending this
Agreement.
8. Whenever necessary, the Management Team shall cooperate to fulfill their
respective obligations under this agreement.
9. This Agreement shall only be amended or cancelled by mutual written consent
of the Management Team hereto or by their successors in interest.
10. Should any part of this Agreement be found to be invalid, then such invalid part
shall be severed from the Agreement, and the remaining provisions of this
Agreement shall remain in full force and effect and not be affected by such
invaiidity.
11. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
Packet Page -1394-
7/26/2011 Item 16.A.14.
V n 1 L.i
Page 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
ATTEST:
DWIGHT E. 009,K, Clper_kQ�',
De ty Clerk
Ott st as to- '%timw s
+1pn�'trr'i;:D4hy
Appro ed as to form and
le sufficiency s —
Scott R. Teach,
Deputy County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE. Chairman
AS TOtT�.�C -itER SOIL AND, TER CONSERVATION DISTRICT:
BY:�vr�z.� ry
Print Name: / 712/ s' /" l ' S �
Name (Print or Type)
Witness (S gnature)
s 4 y Lc%svEiz
Name (Print or Type)
Packet Page -1395-
7/26/2011 Item 16.A.14. —
16A16
EXHIBIT "A"
STATEMENT OF WORK
COLLIER COUNTY
STORMWATER IMPROVEMENT PROJECTS FY11
A. INTRODUCTION
The District's Big Cypress Basin Board budget has earmarked funding for FYI for
implementation of watershed restoration projects that benefit the Naples Bay Initiative.
The goals of the Initiative are to:
• Construct stormwater treatment structures/facilities that improve polluted runoff
• Improve the hydrology (quantity, timing and distribution) associated with freshwater
discharges to the estuaries
• Restore sea grasses, oyster reefs, and mangroves in the Naples Bay.
This agreement includes two projects: Project I is a construction project of the Lely Area
Stormwater Improvements Project known as LASIP that is part of the Naples Bay Initiative with
projects addressing important water restoration and management issues in Collier County and
Project 2 is the development of a Drainage Master Plan for the Northern Golden Gate Estates
area.
The LASIP will provide a comprehensive stormwater outfall system for the East Naples area,
which has experienced an increasing level of drainage related problems as growth has continued
in the area. The drainage area of LASIP consists of about 11,135 acres and two sub - basins
known as Lcly Canal Basin and Lely Manor Basin systems.
Due to the lack of a comprehensive drainage outfall system in the LASIP area, continued
development of the area has impacted flood levels as well as water quality. Available data
indicates that water quality is deteriorating and an improved water management system for the
area is urgently needed.
The improvements scheduled for FYI 1 include the following projects:
• Construction of Drainage Improvements in Northwest Royal Wood Culvert and Whitaker
Road. The construction costs are estimated at $2,300,000.
• Northern Golden Gate Estates Flowway Restoration Master Plan. The costs are estimated
at $150,000.
This is a cost -share project with funding provided from the District and Collier County. The
total estimated cost for the project is $2,450,000. The total payment by the District shall not
exceed the amount of $775,000 for this cooperative agreement.
Agreement 4600002213, Page I of 6
Packet Page -1396-
7/26/2011 Item 16.A.14. _
16 A 16
PROJECT #1: NORTHWEST ROYAL WOOD CULVERT AND WHITAKER
ROADIMPROVEMENTS
PROJECT #2: NORTHERN GOLDEN GATE ESTATES FLOWWAY
RESTORATION- MASTER PLAN
B. OBJECTIVES
The purpose of this agreement is to provide funding to accomplish in FYI I following projects:
•
Construction of Drainage Improvements in Northwest Royal Wood and Whitaker Road
The project will drain into the Lely Main Canal which will alleviate drainage problems
within this portion of East Naples.
The estimated start of the construction is scheduled for December 2010.
Develop a Master Plan for Surface /Storm Water Management to reconnect the historic
flowway in the North Belle Meade Restoration Area, an area defined as approximately 34
square miles encompassing all or part of Sections 29 -31, Township 47 South, Range 28
East; Sections 4 -9, 17, 19, 20, 29 -32, Township 48 South, Range 28 East; Section 36,
Township 48 South. Range 27 East; Sections 6, 7. 18, Township 49 South, Range 28
East; Sections 1, I1 -14, 22-1-7, 33 -36, township 49 South, Range 27 East, Collier
County. Florida.
C. SCOPE OF WORK
PROJECT #1: NORTHWEST ROYAL WOOD CULVERT AND WHITAKER
ROADIMPROVEMENTS
This project is a continuation of the design and construction completed in FY10 for the North
Portion of the Lei), Main Canal. The Whitaker Road improvements will drain into the Lely Main
Canal which will alleviate drainage problems within this portion of East Naples. 'rhe land use
within the basin consists of modern developments with improved water management systems
consistent with current design requirements, and older neighborhoods that were developed before
water management systems were required
This segment of the project will provide installation of reinforced concrete pipe where an open
ditch system exists. The first culvert runs north and south under Whitaker Road and is
approximately 65 LF. The second culvert runs north and south approximately 1,800 LF along
the western border of Royal Wood Coumn Club.
PROJECT #2: NORTHERN GOLDEN GATE ESTATES FLOW WAY
RESTORATION- MASTER PLAN
Phis project includes the following components: Wetland Delineation and Assessment. Develop
a Hydrologic/[ lydraulic Model to assess the feasibility of flow way connections of Northern
Agreement 4600002213, Page 2 of 6
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7126/2011 Item 16.A.14. _
16A 16
Golden Gate Estates to North Belle Meade and convey across the existing 1 -75 drainage features
to the South Belle Meade area (detailed model scope to be developed), and evaluate alternative
flow way concepts as modeled and develop a recommended plan.
D. WORK BREAKDOWN STRUCTURE.
The County shall be responsible for the satisfactory completion of this project and may retain a
consultant to provide the professional services needed to assist the County during construction.
The County shall be responsible for project management, budget management and quality
control and public outreach. The County shall be responsible for reviewing and approving
deliverablet' from its construction .contractor(s) and consultant(s) to ensure that the project
objectives are met.
PROJECT ff1: NORTHWEST ROYAL WOOD CULVERT AND WHITAKER
ROADIMPROVEMENTS
A. Construction Bidding
This includes completion of the construction bidding process needed through issuance of the
Notice -to- Proceed with construction:
• Advertising /Distribution of Bid Specifications, Bid Specification Addendunts, as required
• Bid Opening. Bid Technical /Commercial Review
• Selection of Contractor(s)
• Insurance Requirements
• Issuance of Notice -to- Proceed with Construction
Deliverable: Notice -to- Proceed with Construction
B. Mobilization and Clearing
• Obtain schedule from Contractor
• Obtain Work Plan from Contractor
• Complete vegetative clearing along bank
Deiiverables: Copies of Contractor's schedule and Work Plan
C. Construction
This includes construction, engineering oversight, and project management of the construction
activities as identified below, as required.
• Construction of the stotmwater improvements in accordance with approved plans,
specifications and permit requirements
• Other construction activities that are directly and appropriately associated with achieving
the project objectives or completing the project scope
• Engineering Oversight and Project Management
• Addendums or revisions to design plans and specifications
• Site Visits, Inspection and Testing
Agreement 4600002213, Part 3 of
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7/26/2011 Item 16.A.14. _
• Construction Observation
• Certification of 50% Completion
Deliverables: Certification of 50% Completion of Construction
PROJECT k2: NORTHERN GOLDEN GATE ESTATES FLOWWAY
RESTORATION- MASTER PLAN
• Wetland Assessment
• Hydrologic /Hydraulic Model
• Alternative Evaluation & Recommended Plan
Agreement 4600002213, Page 4 of 6
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16A 16
- 7/26/2011 Item 16.A.14.
16A 16
EXHIBIT "B"
PAYMENT AND DELIVERABLE SCHEDULE
If the total consideration for this AGREEMENT is subject to multi -year funding allocations,
funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Board
budgetary appropriation. In the event the DISTRICT does not approve funding for any
subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current
funding, notwithstanding other provisions in this AGREEMENT to the contrary.
All invoices shall be accompanied by adequate documentation to demonstrate completion of
each task in accordance with the Statement of Work requirements. All deliverables submitted
hereunder are subject to review and acceptance by the District. Acceptability of all work will be
based on the judgment of the District that the work is technically complete and accurate.
• A summary deliverable and payment schedule associated with this project is set forth
below including specific deliverables associated with each task and due dates for all
deliverables.
• All deliverables submitted hereunder are subject to review and acceptance by the District.
• Acceptability of all work will be based on the judgment of the District that the work is
technically complete and accurate.
• Payment shall be made following receipt and acceptance by the District of project
invoices in accordance with the schedule set forth below.
• All invoices shall be accompanied by adequate documentation to demonstrate completion
of each task in accordance with this Statement of Work document.
A one lump sum amount of $ 700,000 will be paid to Collier County upon completion of
Task 1.
Agreement 4600002213. Page 5 of 6
Packet Page -1400-
Tas G>bsctiptioa
Ddliveabks
Dms Deft&
Task 1: Nordnvest Loyal Wood
'*
CuiverttWdr Read -
vsmeuts
(A) Construction Bidding
Notice to Proceed
(B) Mobilization and Clearing
I Contractor's schedule and
Work Plan
(C) Construction of Northwest
Certification of 50%
September
k ?elu.unu.
Royal Wood Culvert and Whitaker
I Construction Completion
2011
Road Improvements
Task I Total flistricdlit'li Share
157011.000.
A one lump sum amount of $ 700,000 will be paid to Collier County upon completion of
Task 1.
Agreement 4600002213. Page 5 of 6
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7/26/2011 Item 16.A.14. —
16A 16
Task and De9criptiop
Y'baliverables
District
m
d=eed
Task 2: Northern Golden Grate
Estate Flowway restoralibn
Master Plan
(A) Wetland Assessment
Draft Report
January
12011
(B) Hydrologic /Hydraulic Model
I
i
Draft Report
April 2011
(C) Alternative Evaluation and
I Draft Report
August 2011
Recommended Plan
(D) Final Master Plan
Final Report (5 hard
September
copies, I electronic copy
201 1
including all data)
T'a "k 2 'total District /13013 Shari
575,000,
A one lump sum amount of $ 75,000 will be paid to Collier County upon completion of
Task 2.
" The District shall only be obligated to pay for documented actual expenditures within the not -
to- exceed amounts specified above.
Agreemcnt 4600002213, Page 6 of 6
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' � I r L 7/26/2011 Item 16.A.14.
.I'T
Collier Soil & Water Conservation District Dennis' P. Vasey, Chairmap�-
14700 Immokalee Road 55��
Naples, FL 34120 3 a� !S w
3 D
April 5, 2011 APR o 2011
The Honorable Fred Coyle, Chairman'
Board of County Commissioners BY: ••• ^ °• ^. ° "" """
3299 Tamiami Trail East, Suite 303
Naples, FL 34112 -5746
Dear Chairman Coyle,
Collier Soil and Water Conservation District (CSWCD) developed a Phase I plan known as the Horsepen
Strand Conservation Area in 2007 -08 for restoration of the historic flowways in the Northern Golden Gate
Estates (NGGE).
Specifically, the historic flowways of the NGGE have been virtually eliminated by the network of roads and
drainage canals built to accommodate residential and agricultural developments. The overall impacts on
the hydrology and ecology of the region have been phenomenal. The remnant flowways such as
Winchester Head and Horsepen Strand have become isolated patches with limited functionality of
wetlands. The CSWCD performed a comprehensive assessment of the hydrology and vegetation
characteristics of a 34 square -mile area of NGGE and northern Belle Meade area and laid out a preliminary
restoration plan
A phase II study was proposed to enhance the earlier analyses to develop an implementable restoration
plan of the area in partnership with Collier County. The county received a $75,000 grant from the Big
Cypress Basin (BCB) for the project. The Department of Environmental Protection (FDEP) verified that
there was $81,000.00 available for the project, requiring partnership funding with the BCB.
CSWCD was designated to coordinate execution of the project under a cooperative agreement with the
county, which was executed. CSWCD made arrangements to complete the project by procuring services of
consulting Engineers /Environmental Scientists. However, FDEP has since indicated their strong preference
for Collier County to manage the NGGE Flowway Restoration Plan.
To preserve funding for this significant study CSWCD requests to withdraw. Attached is the statement of
work prepared by Cardno - ENTRIX that was being negotiated for your information and use as appropriate.
Respectfully,
Dennis P. Vasey
2 Attachments:
1. Agreement to Facilitate Funding
2. Cardno_Scope_revised_2_28_11
Bruce Reichert Stan Weiner Dennis P. Vasey Tom Cravins James Lang
Supervisor, Seat 1 Supervisor, Seat 2 Supervisor, Seat 3 Supervisor, Seat 4 Supervisor, Seat 5
Web Site: - erg
Packet Page -1403-
7/26/2011 Item 16.A.14.
PROJECT: Northern Golden Gate Estates Flowway Restoration Plan
Collier County P/N 33134
TERMINATION OF AGREEMENT TO FACILITATE FUNDING FOR THE
NORTHERN GOLDEN GATE ESTATES FLOWWAY RESTORATION PLAN
THIS Termination of Agreement to facilitate funding for the Northern Golden Gate
Estates Flowway Restoration Plan (hereinafter referred to as the "Agreement ") is made
and entered into on this 26th day of July, 2011, by and between the COLLIER SOIL
AND WATER CONSERVATION DISTRICT, whose mailing address is 14700
Immokalee Road, Naples, FL 34120, (hereinafter referred to as "CSWCD "), and
COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to
as "County "), whose mailing address is 3301 Tamiami Trail East, Naples, Florida
34112.
WHEREAS, the CSWCD and the County entered into an Agreement on
December 14, 2010, to facilitate managing the next phase of development of the
Northern Golden Gate Estates Flowway Restoration Plan jointly with staff from the
County and the Big Cypress Basin of the South Florida Water Management District (the
"District "); wherein the County was to act as an agent between the District and CSWCD
for disbursement of funds for that project; and
WHEREAS, the Florida Department of Environmental Protection has since
indicated its preference for County to manage the Northern Golden Gate Estates
Flowway Restoration Plan rather than CSWCD; and
WHEREAS, CSWCD and County wish to terminate the Agreement as provided in
numbered paragraph nine (9) therein; and
WHEREAS, the County and CSWCD agree that it is in the public's best interest to
terminate the Agreement
NOW, THEREFORE, in consideration of the mutual covenants and obligations
provided within that said Agreement dated December 14, 2010, and other valuable
consideration, it is agreed by and between the parties as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
2. The Agreement is terminated effective upon the above date with each party to bear
their own expenses incurred through the date of termination.
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7/26/2011 Item 16.A.14.
Page 2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first above written.
ATTEST:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
Approved as to form and
legal sufficiency:
I27
Scott R. Teach,
Deputy County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, Chairman
AS TO THE, COLLIER SOIL AND WATER CONSERVATION DISTRICT:
MR
Print Name: Dennis P. Vasey, Chairman
Witness (Signature)
Name (Print or Type)
Witness (Signature)
Name (Print or Type)
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