Backup Documents 12/11/2018 Item #16A21 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 �1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO T1 �.»
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 SLIPSt- ti t G
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 routing lines#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 JAK 12/11/18
4. BCC Office Board of County R'S
Commissioners \Z,�t`��
5. Minutes and Records Clerk of Court's Office �^�{\1A, j
} �(, ��'�t i I �g 9:47
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 Michele R.M sca,Growth Management Phone Number 252-2466
Contact/Department � <_
Agenda Date Item was 12/11/18 Agenda Item Number 16-A-21
Approved by the BCC
Type of Document Agreement No.4600003936 and Number of Original One of each
Attached 4600003935 SFWMD Documents Attached
PO number or account n/a
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 STAMP OK JAK
2. Does the document need to be sent to another agency for additional signatures? If yes, JAK
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK
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 JAK
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 JAK
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 JAK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this JAK
routing slip should be provided to the County Attorney Office at the time the item is
input into MinuteTraq. 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 12/11/18 and all changes made during JAK N/A is not
the meeting have been incorporated in the attached document. The County - •ption for
Attorney's Office has reviewed the changes,if applicable. ,phis e.
9. Initials of attorney verifying that the attached document is the version approved by the h • t, /A i of
BCC,all changes directed by the BCC have been made,and the document is ready for +'e an opt on for
Chairman's signature. ' this e.
Lisa Koehler(289-4405)with SFWMD wants to pick up the Agreements TOD•
104-COA-01081/1344830/111:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;
Revised 11/30/12
1 6 A 21
MEMORANDUM
Date: December 11, 2018
To: Michele R. Mosca, Principal Planner
Capital Project Planning, Impact Fees, & Program Mgmt.
Cc: Lisa Koehler, BDB Administrator
South Florida Water Management
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Agreement #4600003935
"Cocohatchee & Palm River Conveyance Improvement"
Between SFWMD & BCC of Collier County
Attached are one (1) original of the document referenced above,
(Item #16A21) approved by the Board of County Commissioners on
Tuesday, December 11, 2018.
Please return the fully executed original for the Board's Official Records.
Once the original is returned our office will provide either a certified copy or
an e-mailed copy of the original.
If you have any questions, please feel free to contact me at 252-7240.
Thank you
Attachment
1 6 A 21
MEMORANDUM
Date: December 11, 2018
To: Lisa Koehler, BDB Administrator
South Florida Water Management
Cc: Michele R. Mosca, Principal Planner
Capital Project Planning, Impact Fees, & Program Mgmt.
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Agreement #4600003935
"Cocohatchee & Palm River Conveyance Improvement"
Between SFWMD & BCC of Collier County
Attached are one (1) original of the document referenced above,
(Item #16A21) approved by the Board of County Commissioners on
Tuesday, December 11, 2018.
Please return the fully executed original for the Board's Official Records.
Once the original is returned our office will provide either a certified copy or
an e-mailed copy of the original.
If you have any questions, please feel free to contact me at 252-7240.
Thank you
Attachment
16A21
PO NO. 950000 -
QP PS`�N9
°� SOUTH FLORIDA WATER MANAGEMENT DISTRICT
1� C
LOCAL GOVERNMENTAL AGREEMENT
AGREEMENT NO. 4600003935
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA
Ur 2 1 2_018
THIS AGREEMENT is entered into as of by and between the South Florida
Water Management District(DISTRICT)and Board of County Commissioners of Collier County
(COUNTY).
WHEREAS, the DISTRICT is a government entity created by Chapter 373, Florida
Statutes;and
WHEREAS,the DISTRICT desires to provide financial assistance to the COUNTY for
the Cocohatchee and Palm River Conveyance Improvements; 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 December 13, 2018 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 availability of
funds and in accordance with their respective authorities for Cocohatchee and Palm River
Conveyance Improvements.
2. The period of performance of this AGREEMENT shall commence on the date of
execution of this AGREEMENT and shall continue for a period of eighteen(18)months.
Agreement No.4600003935,Page 1 of 7
1 6 A 21
3. The total DISTRICT contribution for all work completed herein shall not exceed the
amount of$388,000 or 50%of eligible expenditures for the project as noted in Exhibit B,
whichever is less.
4. The COUNTY shall submit Reimbursement Request Packages as described in the Payment
and Deliverables Schedule set forth in Exhibit"B"attached hereto and made a part hereof.
Payments by the DISTRICT shall be made following receipt and acceptance of the
Reimbursement Request Packages by the DISTRICT's Project Manager. Reimbursement
Request Packages shall adequately demonstrate completion of each Task in accordance
with Exhibit"A"and shall include,but not be limited to,a copy of the COUNTY's invoice
and other documentation supporting payment.
5. The DISTRICT's payment is a reimbursement of actual eligible expenditures and is
therefore contingent on adequate documentation to support actual eligible expenditures
within the not-to-exceed AGREEMENT funding limitation. The COUNTY should
provide prior written notice to the DISTRICT's Project Manager of its decision to apply
the unexpended balance toward a subsequent Task. Actual eligible expenditures less than
the estimated project cost will result in a reduced final payment per the AGREEMENT
funding limitation. The COUNTY is responsible for any additional funds either through
local revenues, grants,other appropriations,and/or other funding sources.
6. The COUNTY shall provide evidence that its minimum cost-share of 50% has been met
for each submitted invoice. Absence of proper supporting documentation may result in
non-payment or audit and return of prior payments. In no event shall the DISTRICT be
liable for any contribution hereunder in excess of$388,000.
7. 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.
8. 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.
9. The COUNTY's contribution shall be at least 50% of the total amount of the project in
conformity with the laws and regulations governing the COUNTY.
10. 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"
Page 2 of 7,Agreement No.4600003935
16A21
shall be performed beyond May 31, 2020 unless authorized through execution of an
amendment to this AGREEMENT to cover succeeding periods.
11. The COUNTY is hereby authorized to contract with third parties (subcontracts) for
services awarded through a competitive process required by Florida Statutes. The
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).
12. 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, modify and distribute such deliverables at no additional
cost to the other party.
13. 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.
14. 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.
15. 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.
Page 3 of 7,Agreement No.4600003935
0
16A21
A. Maintenance of Records: The DISTRICT shall provide the necessary information to
the ENTITY as set forth in Exhibit"C'. The ENTITY shall maintain all financial/non-
financial 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(CFFA),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 ENTITY's financial and non-financial
records to the extent necessary to monitor the ENTITY'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.
22. 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
Attn: Brad Jackson,Principal Engineer Attn:Michele Mosca,Project Manager
Attn: Sharman Rose,Contract Specialist Capital Project Planning,Impact Fees and Program
2660 Horseshoe Drive North,Suite 101 Management
Naples,FL 34104 2685 South Horseshoe Drive,Suite 103
Telephone No.(239)263-7615 Naples,FL 34104
Email: brjackso@sfwmd.gov Telephone No.(252)252-2466
Email: shrose@sfwmd.gov Email:Michele.MoscaPcolliergov.net
23. COUNTY shall send its invoices and any attachments to APInvoice(4sfwmd.gov and a
copy to the DISTRICT Project Manager. All invoices must reference the COUNTY's
legal name as authorized to do business with the State of Florida; DISTRICT'S
AGREEMENT Number and Purchase Order (PO) Number as specified on the
cover/signature page of the AGREEMENT;a unique invoice number not previously used;
date; a description of the services performed, and the amount to be invoiced. COUNTY
shall: 1) submit invoices using a pdf file at a resolution of no less than 300 dpi;2) name
the pdf file with the COUNTY's name and the PO number;3) provide all required
attachments with the invoice file(refer to Attachment 1 to Exhibit C),and 4)include the PO
number and Invoice number in the subject line of the email. If email or pdf filing is not possible,
the COUNTY must provide the above to the following address:
Page 5 of 7,Agreement No.4600003935
C
16A21
South Florida Water Management District
Accounts Payable
P.O. Box 24682
West Palm Beach, FL 33416-4682
COUNTY must submit its invoices in compliance with the requirements of this subsection
and all other terms and conditions of this AGREEMENT in order to receive prompt
payment by the DISTRICT as described in the applicable sections Chapter 218, Florida
Statutes. COUNTY's failure to follow the instructions set forth in the AGREEMENT
regarding a proper invoice and acceptable services and/or deliverables may result in an
unavoidable delay in payment by the DISTRICT.
24. 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 successors in interest.
25. This AGREEMENT may be executed in one or more counterparts,each of which shall be
deemed an original, but all of which together shall constitute one and the same
instrument. A photocopy, electronic or facsimile copy of this AGREEMENT and any
signatory hereon shall be considered for all purposes as original.
26. 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.
27. 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.
28. Should any term or provision of this AGREEMENT be held, to any extent, invalid or
unenforceable,as against any person,entity 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.
29. 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.
30. 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
Page 6 of 7,Agreement No.4600003935
16A21
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.
31. 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.
32. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the
following order:
(a) Terms and Conditions outlined in preceding paragraphs 1 —31
(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
IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby
execute this AGREEMENT on the date first written above.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
BY ITS GOVERNING BOARD
Acc--/L 44er:a ‘,..45..1 7Cr
By:
Ernie Marks,Executive Director
By: ('L Ca)
Dor h A.Bradshaw,Director
Adm.nis ative Services Division
SFWMD OFFICE OF COUNSEL APPROVED
By:
Print Name:" 661.61- &•(:)..vied ATTEST: CLER
w AL ,
Date: ;l�t?�f�,; CR ST. wA r v`�►
SFWMD PROCUREMENT APPROV � ` 1 bu
By: ... A est as to C�„;ia1�'ai`��1 b
tY
Date: signat'=re r n3;r.
BOARD OF CO Y OMMISSI I ► RS OF COLLIER
COUNTY,F ! ' II •
i ]] _ By: .�
Approve . 6 h and legality Name of Authorized Individual
SMI
UP; .,• Andy Solis
Jeffrey A. K 't tw,County AttorneyTitle: Chairman
Page 7 of 7,Agreement No.4600003935
0
16A21
EXHIBIT "A"
STATEMENT OF WORK
COCOHATCHEE AND PALM RIVER CONVEYANCE IMPROVEMENTS
A. INTRODUCTIONBACKGROUND
Silt has once again built up in the waterway at the confluence of the Cocohatchee and Palm Rivers.
This site is located on the north side of Immokalee Road approximately 0.4 mile east of the
Goodlette-Frank Road intersection. Dredging of this location was last completed in 2005. The
work was a culmination of a joint effort between Collier County Stormwater Management and
the South Florida Water Management District Big Cypress Basin.
Big Cypress Basin staff and equipment completed the actual dredging and pumping of the
material to an upland disposal site. Collier County Stormwater Management staff completed the
survey, design, permitting, water quality monitoring, and disposal site management/restoration
(leveling and sodding). The spoil material,approximately 500 cubic yards total,was allowed to
remain on the private property(260 Sharwood Drive).
B. OBJECTIVE
The purpose of this agreement is to provide funding to Collier County to complete necessary
maintenance dredging located at the confluence of the Cocohatchee and Palm Rivers improving
conveyance capacity of the downstream receiving waterways.
C. SCOPE OF WORK
Collier County Stormwater Management Staff will initiate and manage the project. The South
Florida Water Management District Big Cypress Basin will provide partnership funding. All
consultant and construction work will be completed by private vendors procured by Collier
County Staff. Work will begin with Collier County procuring a consultant to complete a survey,
design the necessary dredge area,determine the silt removal quantity,design the spoil handling
and disposal methodology,apply for and obtain all necessary permits,communicate/coordinate
with all affected property owners,and produce and support all project bid documents.
Work will proceed in accordance with Exhibit"B",the Deliverable and Payment Schedule.
D. WORK BREAKDOWN STRUCTURE
The work breakdown structure is presented below.
Task 1
• Submit design plans,project specifications, and permits to the District Project
Manager(s).
Agreement 4600003935,Exhibit"A",Page 1 of 2
ioAal
Task 2
• Submit a copy of the construction Notice to Proceed and Engineer Recommendation to
Award Letter to the District Project Manager(s).
Task 3
• Submit quarterly status reports(Exhibit"C")to the District Project Manager(s),which
provide a narrative of construction activities completed to date,a discussion of project
status,and explanation of conflicts or issues,if any,which may affect construction
progress or project performance.
Task 4
• Submit the Construction Completion Certification and Record Drawings to the District
Project Manager(s).
Agreement 4600003935,Exhibit"A",Page 2 of 2
toAal
EXHIBIT"B"
DELIVERABLES AND PAYMENT SCHEDULE
COLLIER COUNTY
COCOHATCHEE AND PALM RIVER CONVEYANCE IMPROVEMENTS
All deliverables submitted herein are subject to review and acceptance by the District Project
Manager(s). Acceptability of all work will be based on the judgment of the District Project
Manager(s)that the work is technically complete and accurate.
The County shall submit a final invoice upon completion of the Tasks in accordance with the
schedule set forth below and payment shall be made following receipt and acceptance of
deliverables by the District Project Manager(s).
As specified below,the District agrees to pay the County in accordance with established rates for
the services specified in Attachment"A"(Statement of Work).
DISTRICT Estimated
County Not-To-
Project
Task Deliverable(s) Due Date Share Exceed
(50%) Share Cost
(50%) (100%)
Design Plans,Permits,
1 and Project September 30,2019 N/A N/A N/A
Specifications
Engineer
2 Recommendation to January 31,2020 N/A N/A N/A
Award Letter and NTP
Every 3 Months
3 Quarterly Reports Following Construction N/A N/A N/A
NTP
Construction Completion
4 Certification and Record May 31,2020 $388,000 $388,000
Drawings
Total $388,000 $388,000 $776,000
Agreement No.4600003935,Exhibit"B",Page 1 of 1
0
1 6 A 21
EXHIBIT"C"
QUARTERLY STATUS REPORT
Cocohatchee and Palm River Conveyance Improvements
Capital Improvement Project—FY 2019
Date of Report:
Name/Title of Person Completing Report:
1) Narrative of Construction activities completed to date:
2) Discussion of overall Project status:
3) Explanation of conflicts or issues, if any,which may affect construction progress or
Project performance:
4) Description of other pertinent information attached to this Report:
Agreement No.4600003935,Exhibit"C",Page 1 of 1
1 6 A 21
MEMORANDUM
Date: December 11, 2018
To: Michele R. Mosca, Principal Planner
Capital Project Planning, Impact Fees, & Program Mgmt.
Cc: Lisa Koehler, BDB Administrator
South Florida Water Management
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Agreement #4600003936 1-75 Canal/Cocohatchee Canal
interconnect & Emergency Pump Facility"
Between SFWMD & BCC of Collier County
Attached are one (1) original of the document referenced above,
(Item #16A21) approved by the Board of County Commissioners on
Tuesday, December 11, 2018.
Please return the fully executed original for the Board's Official Records.
Once the original is returned our office will provide either a certified copy or
an e-mailed copy of the original.
If you have any questions, please feel free to contact me at 252-7240.
Thank you
Attachment
1 6 A 21
MEMORANDUM
Date: December 11, 2018
To: Lisa Koehler, BDB Administrator
South Florida Water Management
Cc: Michele R. Mosca, Principal Planner
Capital Project Planning, Impact Fees, & Program Mgmt.
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Agreement #4600003936 I-75 - Canal/Cocohatchee Canal
interconnect & Emergency Pump Facility"
Between SFWMD & BCC of Collier County
Attached are one (1) original of the document referenced above,
(Item #16A21) approved by the Board of County Commissioners on
Tuesday, December 11, 2018.
Please return the fully executed original for the Board's Official Records.
Once the original is returned our office will provide either a certified copy or
an e-mailed copy of the original.
If you have any questions, please feel free to contact me at 252-7240.
Thank you
Attachment
16 A21
ORIGINAL
PO NO. 950000-3A-24
‘-
-4' SOUTH FLORIDA WATER MANAGEMENT DISTRICT
GOVERNMENTAL AGREEMENT
AGREEMENT NO.4600003936
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA
DEC2 1 2016
THIS AGREEMENT is entered into as of by and between the South Florida
Water Management District(DISTRICT)and Board of County Commissioners of Collier County
(COUNTY).
WHEREAS, the DISTRICT is a government entity created by Chapter 373, Florida
Statutes;and
WHEREAS,the DISTRICT desires to provide financial assistance to the COUNTY for
I-75 Canal/Cocohatchee Canal Interconnect and Emergency Pump Facility; 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 December 13, 2018 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 availability of
funds and in accordance with their respective authorities for I-75 Canal/Cocohatchee Canal
Interconnect and Emergency Pump Facility.
2. The period of performance of this AGREEMENT shall commence on the date of
execution of this AGREEMENT and shall continue for a period of seventeen(17)months.
1 6 A 21
3. The total DISTRICT contribution shall not exceed the amount of $500,000. 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 payment is a
reimbursement of actual expenditures and therefore is subject to adequate documentation
to support actual expenditures in accordance with Attachment 1 to Exhibit"B". Absence
of proper documentation may result in non-payment or audit and return of prior payments. In no
event shall the DISTRICT be liable for any contribution hereunder in excess of$500,000.
4. 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.
5. 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.
6. The total DISTRICT contribution for all work completed herein shall not exceed the
amount of$500,000.
7. 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 April 30, 2020 unless authorized through execution of an
amendment to this AGREEMENT to cover succeeding periods.
8. The COUNTY is hereby authorized to contract with third parties (subcontracts) for
services awarded through a competitive process required by Florida Statutes. The
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).
9. 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)
Page 2 of 7,Agreement No.4600003936
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• 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,modify and distribute such deliverables at no additional
cost to the other party.
10. 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 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.
11. 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.
12. 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.
13. The parties to this AGREEMENT will not discriminate against any person on legally
protected basis in any activity under this AGREEMENT.
14. 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.
15. 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.
16. 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
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•
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.
17. The COUNTY shall maintain records and the DISTRICT shall have the 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 Availability of Records for Legal Disputes: In the event that the DISTRICT
should become involved in a legal dispute with a third party 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.
18. 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 17
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:
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
financial/non-financial 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(CFFA),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
Page 4 of 7,Agreement No.4600003936
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1 621
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.
19. 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
Attn: Brad Jackson,Principal Engineer Attn:Michele Mosca,Project Manager
Attn: Sharman Rose,Contract Specialist Capital Project Planning,Impact Fees and Program
2660 Horseshoe Drive North,Suite 101 Management
Naples,FL 34104 2685 South Horseshoe Drive,Suite 103
Telephone No.(239)263-7615 Naples,FL 34104
Email: brjackso@sfwmd.gov Telephone No.(252)252-2466
Email: shrose@sfwmd.gov Email:Michele.Mosca@colliergov.net
20. COUNTY shall send its invoices and any attachments to APInvoice(a�sfwmd.gov and a
copy to the DISTRICT Project Manager. All invoices must reference the COUNTY's
legal name as authorized to do business with the State of Florida; DISTRICT'S
AGREEMENT Number and Purchase Order (P0) Number as specified on the
cover/signature page of the AGREEMENT;a unique invoice number not previously used;
date; a description of the services performed, and the amount to be invoiced. COUNTY
shall: 1) submit invoices using a pdf file at a resolution of no less than 300 dpi;2) name
the pdf file with the COUNTY's name and the PO number; 3) provide all required
attachments with the invoice file(refer to Attachment 1 to Exhibit C),and 4)include the PO
number and Invoice number in the subject line of the email. If email or pdf filing is not possible,
the COUNTY must provide the above to the following address:
South Florida Water Management District
Accounts Payable
P.O.Box 24682
West Palm Beach, FL 33416-4682
COUNTY must submit its invoices in compliance with the requirements of this subsection
and all other terms and conditions of this AGREEMENT in order to receive prompt
payment by the DISTRICT as described in Section 218, Florida Statutes. COUNTY's
failure to follow the instructions set forth in the AGREEMENT regarding a proper invoice
and acceptable services and/or deliverables may result in an unavoidable delay in payment
by the DISTRICT.
21. 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 successors in interest.
22. This AGREEMENT may be executed in one or more counterparts,each of which shall be
deemed an original, but all of which together shall constitute one and the same
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instrument. A photocopy, electronic or facsimile copy of this AGREEMENT and any
signatory hereon shall be considered for all purposes as original.
23. 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.
24. 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.
25. Should any term or provision of this AGREEMENT be held, to any extent, invalid or
unenforceable,as against any person,entity 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.
26. 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.
27. 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.
28. 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.
29. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the
following order:
(a) Terms and Conditions outlined in preceding paragraphs 1 —28
(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
IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby
execute this AGREEMENT on the date first written above.
Page 6 of 7,Agreement No.4600003936
11/08/2018
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SOUTH FLORIDA WATER MANAGEMENT DISTRICT
BY��IITS�GOVERNING BOARD �+
By: / v �to10,,J 4. s../ 7C,
E nie Marks,Executive Director
By: j/, ` i(// I i
Dor thy :'. Bradshaw,Director
Adminis f a,ive Services Division
SFWMD OFFICE Or COUNSEL
APPROVED AS'I'O,LEG FORM
BY: L.t — _._
PRINT NAME: s b611-&- 4 r�:..iw{J
DATE: /( i 7=/v
SFWMD PROCUREMENT APPR(Q1f(ED
BY: A. ,._ . \L.V \_`�
DATE: i\,'1—RA\
BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY,FLO
ATTEST: 7.00",
1ZY , . 1N EL; I,.'I1� By:
-ir. toraff '� Andy Solis
De 1 Title: Chairman
Attest as to Crlaiti la,a's
signature,oniy. , ;,
Apprs e .. :d` ' rm and legality
willr"
Jeffrey A.1 latz'e w,County Attorney
1
, \
Page 7 of 7,Agreement No.4600003936
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1 6 A 21
EXHIBIT "A"
STATEMENT OF WORK
I-75 Canal/Cocohatchee Canal Interconnect and Emergency Pump Facility
Capital Improvement Project—FY 2019
A. INTRODUCTION/BACKGROUND
The South Florida Water Management District(SFWMD)allocated funding in Fiscal Year 2019
to construct an interconnect, between the I-75 and Cocohatchee Canals, and a temporary
emergency pump facility(refer to project location in Figure 1)to help relieve flooding in the I-75
sub-basin. The northern portions of the I-75 canal catchment area were identified as flood prone
in the level of service study completed in 2018 for the SFWMD. These same areas were also
inundated during Hurricane Irma in 2017. The proposed project will provide emergency capability
to move floodwater from the northern portions of the I-75 drainage area(refer to Figure 2) to the
Cocohatchee Canal when capacity becomes available in that canal under post storm conditions.
B. OBJECTIVE
The project's objective is to alleviate flooding in the I-75 sub-basin. The Agreement between the
SFWMD and Collier County defines project management responsibilities and reflects the source
of funding for Collier County to construct the stormwater infrastructure needed to provide
emergency pumping capacity to the Cocohatchee Canal.
C. SCOPE OF WORK
The project consists of installing a concrete pad immediately east of the 1-75 Canal and south of
Immokalee Road, for the deployment of a temporary emergency pump; installing a pump
discharge line,by directional bore,under Immokalee Road and the Cocohatchee Canal(to receive
canal flows from the south in the I-75 Canal, under emergency conditions); and, constructing a
discharge structure on the north side of the Cocohatchee Canal to orient receiving flows
downstream.
D. WORK BREAKDOWN STRUCTURE
The work breakdown structure is presented below.
Task 1
• Submit design plans,project specifications,and permits to the District Project
Manager(s).
Task 2
• Submit a copy of the construction Notice to Proceed and Engineer Recommendation to
Award Letter to the District Project Manager(s).
Agreement No.4600003936,Exhibit"A",Page 1 of 3
1 6 A 21
Task 3
• Submit quarterly status reports(Exhibit"C")to the District Project Manager(s),which
provide a narrative of construction activities completed to date,a discussion of project
status,and explanation of conflicts or issues,if any,which may affect construction
progress or project performance.
Task 4
• Submit the Construction Completion Certification and Record Drawings to the District
Project Manager(s).
•
Agreement No.4600003936,Exhibit"A",Page 2 of 3
16A21
FIGURE 1—Pro'ect Location
Discharge,structured
terminus;re-oriented
f
' -. i it downstream to canal flow .1 , r'
h y '' ��i1�lf Directional bore under Immokajee road
V ' ''
&Cocohatchee Canal(+/-27571
- ' Cocohatchee Canal 3
•
Immokalee.Road 4" a =r
`� ' , - --.
a t t L ' ' .',..ii av Puma discharge line 30 —361diameter
r 1 � t .. , I. 1.4, ifs +t ?15 ft segment,nominal design`‘
.f-6l :It 11., :i 'k? \ ' rapacity:50 cfs '
�� r 3,5
�t re 3 I I�
a : r t
'r4I r '' , r_ Concrete Pad ono access for t uc
.- ? Temporary Emergency Pump i t
11*
' 6 to "' ."1 �) m ` I y, placement r
. 1'7.11%4 r --W,Arilykirl",rf,,,,,INI ‘...,, ',. ...'
11 41 eked ,1Cri: A ! r ,
11-44,2"!•f'''
1.:a uv x r evee._ '�J'=s t '2: -�. t I , I`�
FIGURE 2—1-75 Sub-basin Bounda
Temporary Emergency pump -7 \ ', .11
installed to discharge north into I c, e I s ,, y
Cocohatchee Canal(+/-50 cfs) '' 1
175W3 structure outflows rrr 7
about 50 cfs,this capacity can I oirit::' j
now be recovered.This will
( 1111 subwatershed
help downstream system I
(175W1 connection)which Is _ '. __ i
overcapacity in 25yr event. 4,
I I
i
r,'cu
I
i :.r .a.:- ..,us
Connection and •0,;, I , ' °E1
discharge Into the
GG Main @175W1
Agreement No.4600003936,Exhibit"A",Page 3 of 3
16A21
EXHIBIT"B"
PAYMENT AND DELIVERABLE SCHEDULE
I-75 CanaUCocohatchee Canal Interconnect and Emergency Pump Facility
Capital Improvement Project—FY 2019
Task Deliverable(s) Due Date Estimated Project Cost(100%)
Design Plans,Permits,and
1 Project Specifications September 30,2019 N/A
2 Engineer N/A
Recommendation to January 31,2020
Award Letter and NTP
3 Quarterly Reports Every 3 Months N/A
Following
Construction NTP
Construction Completion
Certification and Record April 2020 N/A
4 Drawings
Total $500,000
• Payment from the District to the County shall be done in a one lump sum payment at the
completion of construction and receipt of record drawings. The County shall submit to the
District Project Manager quarterly status reports summarizing progress made to date, issues of
concern potentially affecting project performance, and any other information pertinent to the
project until completion and acceptance by the District.
• 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 above.
• All invoices shall be accompanied by adequate documentation to demonstrate completion of
each task outlined in this the Statement of Work(SOW).
• Total payment by the District for all work completed herein shall not exceed the amount of
$500,000. If the total consideration for this Agreement is subject to multi-year funding
allocations, funding for each applicable fiscal year 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 of this Agreement to the contrary.
Agreement No,4600003936,Exhibit"B",Page 1 of 1
1 6 A 21
EXHIBIT"C"
QUARTERLY STATUS REPORT
I-75 CanallCocohatchee Canal Interconnect and Emergency Pump Facility
Capital Improvement Project—FY 2019
Date of Report:
Name/Title of Person Completing Report:
1) Narrative of Construction activities completed to date:
2) Discussion of overall Project status:
3) Explanation of conflicts or issues,if any,which may affect construction progress or
Project performance:
4) Description of other pertinent information attached to this Report:
Agreement No.4600003936,Exhibit"C",Page 1 of 1