Backup Documents 09/11/2018 Item #16A26 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 A 2 6
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routingilines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office
\- < L
4. BCC Office Board of County
Commissioners \5-N <A2.46%
raf
5. Minutes and Records Clerk of Court's Office
lig
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Mindy Collier/Coastal Zoning Phone Number 239-252-6139
Contact/Department
Agenda Date Item was September 11,2018 Y Agenda Item Number 16A26
Approved by the BCC
Type of Document Grant Agreement and Instructions Number of Original
Attached Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? N/A
2. Does the document need to be sent to another agency for additional signatures? If yes,
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. �p►�..
3. Original document has been signed/initialed for legal sufficiency. (All documents to be MC
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the MC
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 9/11/18 and all changes made during MC
the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by t I Mk*.
BCC,all changes directed by the BCC have been made,and the document is ready fs th
Chairman's signature. 1V�.
**Email attached with contact information for USACE**
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Monday, September 24, 2018 4:51 PM
To: 'mindycollier@colliergov.net'
Subject: Item #16A26 (9-11-18 BCC Meeting)
Attachments: Agenda Item#16A26 (9-11-2018).pdf
Hi Mivtdy,
I wanted to let you kvtow, the agreements between the
Department of the Arwty (USACE) and Collier County
(copy attached) for the Feasibility Shoreline Protection Study
will be sevtt out tonight via FedEx whevt they pick up at 6:1-5 p.m.
Thank you!
Avu' Jennejohn, Deputy Clerk
Board Minutes & Records Department
Collier County Value Adjustment Board
239-2.52-8406
16A26,
NeetVirginia
From: CollierMindy
Sent: Monday, September 24, 2018 9:54 AM
To: NeetVirginia
Subject: Routing for USArmy Corps Agreement
Please send the executed document to
Colonel Andrew D. Kelly,Jr., District Commander
U.S.Army Corps of Engineers,Jacksonville District
P.0. Box 4970
Jacksonville, FL 32232-0019
FED Ex number to charge is 8821-3483-0
Mindy Lee Collier
Project Manager-Storm water
Growth Management Department
239-252-6139
9&9ty
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
1
‘ 16A26
MJ DEPARTMENT OF THE ARMY
fi�'xL JACKSONVILLE DISTRICT CORPS OF ENGINEERS
P.O.BOX 4970
\rf t JACKSONVILLE,FLORIDA 32232-0019
'SrArr S REPLY TO
ATTENTION OF:
Instructions for Non-Federal Sponsor Agreement Execution:
(1) Do not date the first page of the agreement. The date will be filled in upon execution by
the U.S. Army Corps of Engineers.
(2) The representative of the Non-Federal Sponsor identified in the agreement should
execute and date the signature page of all four copies of the agreement and the
Certification Regarding Lobbying.
(3) The principal legal officer of the Non-Federal Sponsor should execute and date all four
copies of the Certificate of Authority after execution of the agreement by Non-Federal
Sponsor.
(4) All four copies of the agreement and Certificate of Authority should be returned to the
U.S. Army Corps of Engineers for execution. Upon execution,the date will be filled in
on the first page, and two originals will be sent to the Non-Federal Sponsor.
(5) FAILURE TO EXECUTE IN THIS MANNER COULD RESULT IN PROJECT
DELAYS IF AGREEMENTS HAVE TO BE PROPERLY RE-EXECUTED.
(6) If you have any questions,please contact Brooks W. Moore at 904-232-1164 or 904-382-
8981.
1
1fn of Collier
CLERK OF THE CIR UIT COURT
Crystal K. Kinzel COLLIER CO Y CO THOUSE Clerk of Courts
Clerk of Courts 3315 TAMIAMI TRL E STE 102* l P.O.BOX 413044 Custodian of County Funds
NAPLES,FLORIDA jNAPLES,FLORIDA
34112-5324 '34101-3044
September 24, 2018
Colonel Andrew D. Kelly, Jr., District Commander
U.S. Army Corps of Engineers, Jacksonville District
P.O. Box 4970
Jacksonville, FL 32232-0019
Re: Agreement between the Department of the Army, U.S. Army Corps of Engineers (USACE)
and Collier County for the Collier County Feasibility Shoreline Protection Study
Colonel Kelly,
Attached for further processing are four (4) original copies of the agreement referenced
above, approved by the Collier County Board of County Commissioners September 11, 2018.
If your office requires further information regarding this mailing, please feel free to
contact me at 239-252-8406.
Thank you.
CRYSTAL K. KINZEL, CLERK
Ann Jennejohn,
Deputy Clerk
Attachment (4)
Phone- (239) 252-2646 Fax- (239) 252-2755
Website- www.CollierClerk.com Email- CollierClerk@collierclerk.com
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AGREEMENT
BETWEEN
THE DEPARTMENT OF THE ARMY
AND
COLLIER COUNTY, FLORIDA
FOR THE
COLLIER COUNTY, FLORIDA STUDY
THIS AGREEMENT is entered into this day of , , by and
between the Department of the Army (hereinafter the "Government"), represented by the District
Commander for Jacksonville District(hereinafter the "District Commander") and Collier
County, Florida(hereinafter the"Non-Federal Sponsor"), represented by the Chairman of the
Collier County Board of County Commissioners.
WITNESSETH, THAT:
WHEREAS, on April 30, 1992, the Committee on Public Works and Transportation of
the United States House of Representatives adopted a resolution, in accordance with Section 110
of the River and Harbor Act of 1962, Public Law 87-874, requesting the Secretary of the Army,
acting through the Chief of Engineers, to survey the shores of Collier County, Florida and
adjacent shorelines, in the interest of hurricane protection, storm damage reduction, beach
erosion control, and other related purposes (hereinafter the"Study");
WHEREAS, notwithstanding Section 105(a) of the Water Resources Development Act of
1986 (33 U.S.C. 2215(a)),which specifies the cost-sharing requirements generally applicable to
feasibility studies,Title IV,Division B of the Bipartisan Budget Act of 2018, Public Law 115-
123, enacted February 9, 2018 (hereinafter"BBA 2018"), authorizes the Government to conduct
the Study at full Federal expense to the extent that appropriations provided under the
Investigations heading of the BBA 2018 are available and used for such purpose; and
WHEREAS,the Government and the Non-Federal Sponsor have the full authority and
capability to perform in accordance with the terms of this Agreement.
NOW, THEREFORE, the parties agree as follows:
ARTICLE I - OBLIGATIONS OF THE PARTIES
A. In accordance with Federal laws, regulations, and policies, the Government shall
conduct the Study using BBA 2018 funds. In the event that there are insufficient BBA 2018
funds to complete the Study, such completion shall be subject to cost-sharing otherwise
applicable to the Study and amendment of this Agreement.
1. The Government shall conduct the Study consistent with the Project
Management Plan, which specifies the scope, cost, and schedule for Study activities. In
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consultation with the Non-Federal Sponsor,the Government may modify the Project
Management Plan as necessary.
2. The cost of the Study is limited to $3 million in Federal funds, unless the
Assistant Secretary of the Army(Civil Works)approves an exemption for the Study to exceed$3
million.
3. To the extent practicable and in accordance with Federal laws, regulations, and
policies,the Government shall afford the Non-Federal Sponsor the opportunity to review and
comment on solicitations for contracts prior to the Government's issuance of such solicitations;
proposed contract modifications, including change orders; and contract claims prior to resolution
thereof. Ultimately, the contents of solicitations, award of contracts, execution of contract
modifications, and resolution of contract claims shall be exclusively within the control of the
Government.
B. In addition to the ongoing, regular discussions of the parties in the delivery of the
Study,the Government and the Non-Federal Sponsor may establish a Study Coordination Team
to discuss significant issues or actions. The Non-Federal Sponsor's costs for participation on the
Study Coordination Team shall be paid solely by the Non-Federal Sponsor without
reimbursement or credit by the Government.
C. The Non-Federal Sponsor shall not be entitled to any credit or reimbursement for any
costs it incurs in performing its responsibilities under this Agreement.
ARTICLE II - TERMINATION OR SUSPENSION
A. Upon 30 calendar days written notice to the other party, either party may elect at any
time, without penalty, to suspend or terminate future performance of the Study. Furthermore,
unless an exemption is approved by the Assistant Secretary of the Army (Civil Works),the Study
may be terminated if a Report of the Chief of Engineers, or, if applicable, a Report of the
Director of Civil Works, is not signed for the Study within 3 years after the effective date of this
Agreement.
B. If the Government determines at any time that BBA 2018 funds made available for
the Study are not sufficient to complete the Study, the Government shall so notify the Non-
Federal Sponsor in writing, and upon exhaustion of such funds, the Government shall suspend
the Study until the parties execute an amendment to this Agreement that provides for cost-
sharing of the remaining work.
ARTICLE III -DISPUTE RESOLUTION
As a condition precedent to a party bringing any suit for breach of this Agreement,that
party must first notify the other party in writing of the nature of the purported breach and seek in
good faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute
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through negotiation,they may agree to a mutually acceptable method of non-binding alternative
dispute resolution with a qualified third party acceptable to the parties. Each party shall pay an
equal share of any costs for the services provided by such a third party as such costs are incurred.
ARTICLE IV - RELATIONSHIP OF PARTIES
In the exercise of their respective rights and obligations under this Agreement,the
Government and the Non-Federal Sponsor each act in an independent capacity, and neither is to
be considered the officer, agent, or employee of the other. Neither party shall provide, without
the consent of the other party, any contractor with a release that waives or purports to waive any
rights a party may have to seek relief or redress against that contractor.
ARTICLE V -NOTICES
Any notice, request, demand, or other communication required or permitted to be given
under this Agreement shall be deemed to have been duly given if in writing and delivered
personally or mailed by certified or registered mail, with return receipt, as shown below. A
party may change the recipient or address for such communications by giving written notice to
the other party in the manner provided in this Article.
If to the Non-Federal Sponsor:
Chairman, Collier County Board of County Commissioners
2685 South Horseshoe Drive
Unit 103
Naples, Florida 34104
If to the Government:
District Commander
U.S. Army Corps of Engineers, Jacksonville District
P.O. Box 4970
Jacksonville, Florida 32232-0019
ARTICLE VI- CONFIDENTIALITY
To the extent permitted by the laws governing each party, the parties agree to maintain
the confidentiality of exchanged information when requested to do so by the providing party.
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ARTICLE VII - THIRD PARTY RIGHTS, BENEFITS, OR LIABILITIES
Nothing in this Agreement is intended, nor may be construed, to create any rights, confer
any benefits, or relieve any liability, of any kind whatsoever in any third person not a party to
this Agreement.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement,which shall
become effective upon the date it is signed by the District Commander.
DEPARTMENT OF THE ARMY COLLIER , FLORIP
BY: BY: 1 -`"
Andrew D. Kelly, Jr. ' Andrew Solis
Colonel, U.S. Army Chairman
District Commander Collier County Board of County
Commissioners
DATE: DATE: ci`%AN%
ATTEST:
CRYST•L K. KINZEL, CLERK
Pt Fr rk
Attest as to
c gnature only.
Approved a t ,form and legality
Jeffrey A. Klatzio*v, County Attorney
4
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CERTIFICATE OF AUTHORITY
I, Jeffrey A. Klatzkow, do hereby certify that I am the principal legal officer of Collier
County, Florida,that Collier County, Florida is a legally constituted public body with full authority
and legal capability to perform the terms of the Agreement between the Department of the Army
and Collier County, Florida in connection with the Collier County, Florida Study, and to pay
damages, if necessary, in the event of the failure to perform in accordance with the terms of the
Agreement, as required by Section 221 of the Flood Control Act of 1970, as amended (42 U.S.C.
1962d-5b), and that the person who executed the Agreement on behalf of Collier County, Florida
acted within his statutory authority.
IN WITNESS WHEREOF, I have made and executed this certification this
day o 20\%.
1
Jeffrey A. Klatzkow
County Attorney
Collier C(hunty,, Florida
16A26
CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief that:
(1)No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to
file the req =d certification s•- be subject to a civil penalty of not less than $10,000 and not
more th.•",101;;10 for ea / ilure.
1
Andrew Solis
Chairman
Collier County Board of County Commissioners ATTEST:
CRYSTAL K. KINZEL, CLERK
DATE: cNVAt4%. V)ti ` ,.C\0 c
.pu IN-rk
signature only.
Approv` d . l• , 'I'm and legality
Jeffrey A. Kla' k9w,& ounty Attorney