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Agenda 04/14/2009 Item #16D 7 Agenda Item No. 1607 April 14, 2009 Page 1 of 9 EXECUTIVE SUMMARY Recommend that the Board of County Commissioners approve and authorize the Chairman to sign Interlocal Agreement for Beach Maintenance between Collier County, the City of Marco Island, and Hideaway Beach District OBJECTIVE: To obtain Board approvallnterlocal Agreement for Beach Maintenance. CONSIDERATIONS: The City of Marco Island and the Hideaway Beach District have requested that Collier County Coastal Zone Management Department (CZM) perform beach maintenance for Hideaway Beach. The City and the District have agreed to pay CZM for these beach maintenance services. CZM will invoice the City of Marco Island and Hideaway Beach District per contract. Services rendered for payment will be based on the Fee Schedule attached as Exhibit A. FISCAL IMPACT: Beach maintenance is an expense budgeted within Beach RenourishmentlPass Maintenance Fund (195). It is expected that dollars spent and billable for reimbursement under this agreement will amount to between $6,000 and $9,000 annually. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office. This item is not quasi-judicial, and as such ex parte disclosure is not required. This item requires majority vote only. This item is legally sufficient for Board action. - CMG RECOMMENDATION: That the Board of County Commissioners approve and authorize the Chairman to sign Interlocal Agreement for Beach Maintenance between Collier County. the City of Marco Island, and Hideaway Beach District. PREPARED BY: Gail Hambright, CZM ~ Agenda Item No. 1607 April 14, 2009 Page 2 of 9 INTERLOCAL AGREEMENT FOR BEACH MAINTENANCE THIS AGREEMENT ("Agreement"), is made and entered into this _ day of , 2009, by and between Collier County, a political subdivision of the State of Florida, ("County"), the City of Marco Island, a Florida municipal corporation, ("City"), and the Hideaway Beach District, a dependent special district within the meaning of Ch, 189, Fla. Stat., ("District"). RECITALS: WHEREAS, the City of Marco Island and the Hideaway Beach District have requested that Collier County Coastal Zone Management Department ("CZM") perform beach maintenance for Hideaway Beach, and WHEREAS, the City and the District have agreed to pay CZM for these beach maintenance services. NOW, THEREFORE, it is hereby agreed that CZM shall provide beach maintenance activities as rnore specifically defined in this Agreement. 1. Effective Date. This Agreement shall become effective on the date signed below, and unless otherwise modified by written agreement, will end one year from the effective date. This Agreement shall be automatically renewed in one year increments unless otherwise specified in writing. 2. Termination. Each party shall have the right to terminate this Agreement with or without cause upon thirty days written notice to the other party. 3. Request for Maintenance. CZM shall provide beach maintenance services as defined below on an "as needed" basis as requested by the City or the District. The City and District shall request the work with 48 hours advance notice, except in the case of an emergency, and then the City and District shall use best efforts to contactCZM with as much notice as possible. (Attached maps defme the area.) a. Beach maintenance shall include basic grooming and raking. b. The City and District shall provide legal access to the County for all beach maintenance services. The City and District shall be liable for any and .11 damage to any access areas provided and identified for the County's use. c. The City and District shall be responsible for the legal disposal of all beach trash whether natural or manmade. 4. Compensation. The City and District shall pay CZM for services rendered based on the Fee Schedule attached hereto as Exhibit A. Payment for services rendered or due shall be billed by CZM by the 7" day of each month and paid by the City and District in compliance with the Local Government Prompt Payment Act, Ch. 218, Fla. Stat. Agenda Item No. 1607 April 14, 2009 Page 3 of 9 , a. eZM shall invoice the City and District as follows: 1. Work performed on an heurty basis. 2. Travel time shall be invoiced. 3. Mileage shall be charged at the prevailing rate for government vehicles available on the U.S. General Services Administration website (www.gsa.gov). 5. Indemnification. Each party shall be liable for its own actions and negligence and, to the extent permitted by law, Collier County shall indemnify. defend and hold hannless the City and District against any actions, claims or damages arising out of Collier County's negligence in connection with this Agrcoment, and the City and District shall indemnify, defend and bold hannless Collier County against any actions, claims. or damages arising out of the City and District negligence in connection with this Agreement. Thc foregoing indemnification shall not constitute a waiver of sovereign immUlJity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agrecment by any party to indemnify the other party for such other party's negligent. willful oT intentional acts or omissions. 6. Easements. As needed, the City and District agree to process the necessary easements from the property owners fronting on the project area and to grant the same rights under those easements to the selected vendors and contractors for purposes of completing the project. 7. Notices. Any and all notices or other communications provided for herein shall bc given' to the City. attention City Managcr. City of Marco Island, 50 Bald Eagle Drive, Marco Island, FL 34145. Notice to the County, attention Gary McAlpin, Director Coastal Zone Management, 3300 SantaBarbara Blvd., Naples FL 34116. 8. This Agrcement represents the entire agreement and understandings between the parties and thcre are no other agrcements or understandings. oral or written, with reference to the subject matter herein. No alteration, change or modification to the terms of this Agreement shall have any force or effect unless made in writing and signed by the parties hereto. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties have caused this Beacb Maintenancc Intcrlocal Agreement to bc cxecuted this _ day of ,2009. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA DATED: A TIEST: DWIGHT E. BROCK, Clerk , Deputy Cieri< By: DONNA FIALA. Chairman 2 Approved as to fonn and legal sufficiency: @ .~ olleen M. Greene Assistant County Attorney ATIEST: y~ o ,City Ierl<. Approved as to form and legal sufficiency: n.. j' fiL;J L;~ . City Attorney ~SES' (I) ,~tv- Signature ~~, t'YleJA' ru- . tedrr ed Name }AMtLA Tb/&D Printed!I'yped Name Agenda Item No. 1607 April 14, 2009 Page 4 of 9 CITY OF MARCO ISLAND, FLORIDA By. ZUt))ldb , amnan ~lf~n.\-plcGY-- Signature ~ htbwtvh ;J.lvt d~ Printed!I'yped Name (c4~alC<.- sLJ,~ t1YK-..- Signature St'\1IJD Ltl- !OX (t { 'L D H 0 'R. Ai Printcd!I'yped Name HIDE~CHD1STRICT ~~tt.. By: -q , Chairman 3 Agenda Item No. 1607 April 14, 2009 Page 5 of 9 EXHIBIT "A" Collier County Coastal Zone Management Hourly Charges for Mechanical Beach Raking and Cleaning Effective the date this document is approved the standard rate per hour for mechanical beach cleaning will remain $75.00 per hour during normal business hours. Work requested before 7:00 AM or after 4:00 PM will be charged at the rate of $112.50 per hour. Work requested on Saturday, Sunday or any County Holiday will be invoiced at $150.00 per hour. This rate may be changed with a 45 Day notice to the respective parties. Page J of I Agenda Item No. 1607 April 14, 2009 Page 9 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16D7 Item Summary: Recommend that the Board of County Commissioners approve and authorize the Chairman to sign an Interlo::al Agreement for Beach Maintenance between Collier County the City of Marco Island, and Hideaway Beach District Meeting Date: 4114/2009900.00 AM Prepared By Gail Hambright Administrative Assistant Date Public Services Coastal Zone Management 3/23/200912:46:24 PM Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 3123120094,19 PM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 3/2412009 3,03 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 3i24/2009 4:29 PM Approved By Lyn Wood Purchasing Agent Date Administrative Services Purchasing 3f25t2Q0910:52 AM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 3127120094,17 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 4/1/2009 8,47 AM Approved By OMS Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 4/1/20099:22 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 4/212009 12,59 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 412120096,01 PM