Backup Documents 04/23/2019 Item #16D 9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 D 9
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 routinglines#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 CjIYA& r" j jq
4. BCC Office Board of County LJ\-.l\b,-\
Commissioners \r\\(�/ 51\\\C\
5. Minutes and Records Clerk of Court's Office � �-fit � 1 C (�pl 3‘tell
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 Matthew Catoe Contact Information 239-252-4059
Contact/ Department
Agenda Date Item was 4/23/2019 Agenda Item Number 16.D1
Approved by the BCC
Type of Document Agreement Number of Original // l
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 STAMP OK N/A
2. Does the document need to be sent to another agency for ado' 'onal si: a _. If yes, N/A
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 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 )4C 0 ,pis
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 MC
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
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 4/23/2019 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 the
BCC,all changes directed by the BCC have been made,and the document is ready for the A
Chairman's signature.
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MEMORANDUM
Date: May 1, 2019
To: Matt Catoe, Operations Analyst
Parks & Recreation
From: Teresa Cannon, Senior Deputy Clerk
Boards Minutes & Records Department
Re: Cost Share Agreement w/Pelican Isle Yacht Club, Inc.
Attached is a copy of the document referenced above (Item #16D9), approved by
the Board of County Commissioners on Tuesday, April 23, 2019.
The original Agreement is being held in the Minutes & Department as part of
the Board's Official Records.
If you have any questions, please contact me at 252-8411.
Thank you.
Attached
1609
COST SHARE AGREEMENT BETWEEN
THE PELICAN ISLE YACHT CLUB,INC. AND COLLIER COUNTY
THIS AGREEMENT is made and entered into this, }`11day of�14p/ ,2019, by and
between the Pelican Isle Yacht Club, Inc.("PIYC")and Collier County, a political subdivision of
the State of Florida,("County").
RECITALS:
WHEREAS,the PIYC property is located to the immediate west of Cocohatchee Park and
Marina and is separated by a shared canal with boat docks on either side; and
WHEREAS,the PIYC proposes to complete a maintenance dredge of their existing marina
and shared canal pursuant to the terms of a prior maintenance dredge last completed in 2005 that
will restore the design depth of the canal to -5' mean low water("MLW");and
WHEREAS,the PIYC has requested to work with the County in the maintenance dredging
of this shared canal on the east side of the PIYC property that is part of the Cocohatchee River
Park and to use open land available on park property without charge during this dredge to transfer
the dredged material off-site for disposal; and
WHEREAS, the PIYC agrees that the open land made available for the dredge material
will be restored to its previous conditions after the transfer,and the PIYC agrees to make available
wet slips should those who are renting wet slips at Cocohatchee River Park need to be relocated
during the Project; and
WHEREAS,Collier County Parks and Recreation Division and the Collier County Coastal
Zone Management Division recommend pursuing this Project as it is beneficial to the County's
Cocohatchee Marina and its users; and
WHEREAS,the Parties, the PIYC and the County,will submit a Joint Permit Application
to the Florida Department of Environmental Protection ("FDEP") and the United States Army
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Corps of Engineers ("USACE") for the purpose of obtaining the necessary dredging permit. A
copy of the Permit Application is attached as Exhibit "A"; and
WHEREAS, an analysis has been completed by the marine engineering firm of Hans
Wilson & Associates of Ft. Myers, Florida that has calculated estimates of the volume of the
dredged material from the County's side of the shared canal. This calculation estimated that 17%
of the total material associated with the shared canal was from County property. Therefore, the
County agrees to share the cost of the dredging at a cost ratio of 17% for the County and 83%for
the PIYC. A copy of the engineering report prepared by Terraquatics is attached as Exhibit "B";
and
WHEREAS, the Board of County Commissioners ("Board") finds that there is a public
purpose to use public funds based on the existing provisions of the County's Cocohatchee Marina
operating permit and the operating benefits to the County's Cocohatchee Marina and adjacent
waterway; and
WHEREAS, the percentage allocations in this Agreement shall not be binding on the
parties for future maintenance or dredging events;and
WHEREAS, the parties agree that the PIYC will solicit bids for this project consistent
with the County's Procurement Ordinance.
WITNESSETH
NOW,THEREFORE, in consideration of the mutual covenants herein contained,the Parties
agree 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.
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2. The PIYC will enter into any and all agreements for the necessary dredging event and will
assume sole responsibility for the project, including payment to the contractor and
engineer.
3. The PIYC will coordinate with the County's Procurement Director in the solicitation of
this Project and the selection of the dredging contractor,whose selection must be approved
in writing by the Procurement Director.
4. The estimated completion date of this project is December 1,2019. The PIYC must timely
notify the County in writing if, for any reason, the project may not be completed by said
date.
5. Upon completion of the dredging work, the County will reimburse the PIYC 17% of the
shared canal project cost not to exceed Forty-five Thousand Dollars($45,000). The Project
must be certified as complete by the Engineer of Record prior to County payment. The
County shall determine that the invoice payments are authorized and that the services
covered by such invoice[s] have been provided or performed in accordance with such
authorization.
6. The PIYC will provide the County with proof of final payment to the contractor(s),and the
County may condition payment on a satisfactory inspection by the County.
7. The PIYC is authorized to use open land available on park property without charge during
this dredge project to transfer the dredged material off-site for disposal. The PIYC agrees
that the open land made available for the dredge material will be restored to its previous
condition after the transfer,and the PIYC further agrees to make available wet slips should
those who are renting wet slips at Cocohatchee River Park need to be relocated during the
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Project. The property will be restored to its previous condition within 3 months from date
of Project completion.
LEGAL MATTERS
8. INDEMNIFICATION: The PIYC shall indemnify and hold harmless the County, its
agents, officers and employees from any and all liabilities, damages, losses and costs,
including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of PIYC with
respect to anyone employed or utilized by the PIYC in the performance of this Agreement.
This indemnification obligation shall not be construed to negate, abridge or reduce any
other rights or remedies which otherwise may be available to an indemnified party or
person described in this paragraph.
9. TERMINATION: Either Party may cancel this agreement with or without cause by giving
thirty(30)days advance written notice of such termination specifying the effective date of
termination. If County terminates this Agreement, the County will pay the PIYC for all
expenditures or contractual obligations incurred at that time, not to exceed the County's
total commitment,up to the effective date of the termination so long as such expenses are
authorized. If the PIYC terminates this Agreement, the PIYC shall pay its share for all
expenditures or contractual obligations incurred at that time.
10. This Agreement is subject to appropriation by the Board of County Commissioners.
11.NO PARTNERSHIP: Nothing herein contained shall be construed as creating a
partnership between the County and the PIYC, its vendors or subcontractors, or to
constitute the PIYC, or its vendors or subcontractors, as an agent or employee of the
County.
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12. COOPERATION: Each party shall fully cooperate with the other in all matters pertaining
to this Agreement and shall provide all information and documentation as requested from
time to time.
13. GENERAL ACCOUNTING: With respect to all matters covered in this Agreement, the
PIYC shall maintain complete and accurate accounting records.
14. AVAILABILITY OF RECORDS: The PIYC shall maintain records, books, documents,
papers and financial information pertaining to work performed under this Agreement for a
period of three(3)years,in compliance with Chapter 119,the Florida Public Records Law.
The PIYC agrees that the County,or any of its duly authorized representatives,shall,until
the expiration of three(3)years after final payment under this Agreement, have access to,
and the right to examine and photocopy any pertinent books, documents, papers, and
records of the PIYC involving any transactions related to this Agreement, except for any
materials subject to attoreney-client privilege.
15. TERM: This Agreement shall become effective on approval by the Board of
Commissioners and remain in effect for up to two (2)years.
16. AMENDMENTS:This Agreement may only be amended by mutual written agreement of
the Parties.
17. VENUE AND GOVERNING LAW: This Agreement shall be governed by and construed
under the laws of the State of Florida. The parties shall attempt in good faith to resolve
any dispute concerning this Agreement through negotiation between authorized
representatives. If these efforts are not successful, and there remains a dispute under this
Agreement,the parties shall first engage in voluntary mediation,with each side sharing all
costs. Following the conclusion of this procedure, either party may then file an action in
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the Circuit Court of Collier County,which shall be the exclusive venue with respect to any
disputes arising out of this Agreement. In the event of litigation, each side shall bear its
own attorney's fees and costs.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by
their appropriate representatives,as of the date first above written.
AT "-, , BOARD OF COUNTY COMMISSIONERS
;CRYSTAL K11ZEL,Clerk COLLIER COUNTY, FLORIDA
(( "
f_
ikiehiffigisrk illiam L. McDaniel,Jr.
? _r}e only. Chairman
WITNESSES: Pelican Isle Yacht Club, Inc.
By:
int Name: Solftya—OlA -C— Its: _p/A 1,11)
Print Name: A 1S net ICC actg.,
Approved as to form and leality:
Ojatx‘_--"Th
/ / •
Colleen M. Greene
Assistant County Attorney
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