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Agenda 04/28/2009 Item #16B 6 /;\oenda Item No. 1686 ~ April 28, 2009 Page 1 of 24 EXECUTIVE SUMMARY Recommendation to approve a local governmental agreement with the South Florida Water Management District (SFWMD) involving a contribution of funds by the SFWMD totalling an amount not to exceed $50,000.00 to provide assistance with construction of the Conservancy of Southwest Florida, Inc.'s (Conservancy) filter marsh project, which is adjacent to the Gordon River Greenway Park, and to approve an agreement with the Conservancy whereby the County will act as an agent between the SFWMD and the Conservancy for disbursement offunds on the project and approve the necessary budget amendment. OBJECTIVE: To receive approval of a local governmental agreement with the South Florida Water Management District (SFWMD) involving a contribution of funds by the SFWMD totalling an amount not to exceed $50,000,00 to provide assistance with construction of the Conservancy of Southwest Florida, Inc.'s (Conservancy) filter marsh project, which is adjacent to the Gordon River Greenway Park, and to approve an agreement with the Conservancy whereby the County will act as an agent between the SFWMD and the Conservancy for disbursement of funds on the project. CONSIDERATIONS: On April 2, 2009, the SFWMD approved entering into a local government agreement with Collier County to provide financial assistance to the Conservancy for a water quality improvement project that will be constructed by the Conservancy of Southwest Florida, The purpose of the Filter Marsh is to include modifications to an existing ditch and the construction of _ a wet detention pond and filtcr marsh, This will reduce the pollutants and decrcase the volume of stormwater runoff from the Gordon River South subbasin, The project proposes to intercept the stormwater flow in the drainage ditch and divert the flow into a wet detention pond, which in turn, will drain into a filter marsh prior to discharging into the Gordon River. In order for the Conservancy to receive an up to 550,000,00 finullcial contribution from thc SFWMD for the project, the SFWMD must remit payment to a qualified recipient such as Collier County versus a pIivate non profit corporation such as the Conservancy, Collier County is serving merely as a disbursing agent to accommodate the transfer of funding from the SFWMD to the Conscrvancy, FISCAL IMPACT: There is no fiscal impact since Collier County agrees to act as an agent between the Conservancy and the SFWMD, solely to dispense funds, for the purpose of constructing one Filter Marsh and the County has no fiscal rcsponsibility for the construction of the Filtcr Marsh, A budget amendment is needed for project 33036 of$50,000,OO to receivc the revenue and later remit to The Conservancy, LEGAL CONSIDERATIONS: This item has bcen reviewed and approved by the County Attorney's Office, is not quasi-judicial and rcquires no ex parte disclosure, requires only a majoIity vote for approval, and is otherwise legally sufficient for Board action,-SRT GROWTH MANAGEMENT IMPACT: The Conservancy's Filter Marsh project is in accordance with the goals and objectives ofthe Drainage Sub-element ofthc Growth Management Plan, .- ;<:J. :: C! __So ':,'; 2 RECOMMENDATION: Approve the attached SFWMD local governmental agreement No. 4600001765 in the amount of S50.000.00 tor partial funding of the Conservancy Filter Marsh project and approve the attached Agreement to Construct a Filter Marsh with the Conservancy respectively, and to direct the Board Chaimlan to execute the agreements and approve the necessary budget amendment. Prepared By: Margaret A, Bishop, Senior Project Manager, Transportation Services Division, Stonnwater Management Section Attachments: (I) SFWMD Local Governmental Agreement #4600001765; (2) Conscrvaney of Southwest Florida Agreement to construct a Filter Marsh 1 a~t: I Ul L !t<:::Tl .', €:\83 ii,;xii 23. ~<)09 ~; ,:)i:24 COLLIER COUNTY SOA~D OF CDUNTY COMMlS3IQ!\lERS Item Number: ',506 Item Summary: RecQ;llmend3tion to approve a local governmental agreement with the South Florida Vvaler f\~anagelT1en1 D1St~ict (SFWMD:i invoivl:lg a contribution of funds by the SFWfVlD totaling an Snlount n8t to s'~:ceed $50,00000 to provide assistance with construction of the Conservancy of Southwest Flo~lda Ines (Conservancy) filter m:::trs:-, proJe::;t, WhiCh IS adjacent to the Gordon River Greenway Park, and h1 approve an agr'2ernent With the Conservancy whereby the County ,"viii 3Ct as an agent bet,'/een the SFWrVlD and the Conservancy for disbursement of funds on tiiS pruject and apprO\Je t~,e necessary budget amendment Meeting Date: 4/28/2009 fiDO 00 AM Approved B)' Margaret A. Bishop Projp:ct r\1anC3.ger Date Transportation Services Stormwater Management 4!9!2009 8:48 AM Approvf'd By Jeff K!atzkow Cour:ty Attorney County Attorney Office Date County Attomey 4/13.'200910:49 AM Approvf'(j By Scott R. TC<lch Assistant Coun~,y Attorney Date County Attorney County Attornc~f Office 4/13,'::009 i i :52 AM Approved By Caro!ino Soto Adm:nbt~3tlve ,~.~~l8t:::nt Dztc Transportation Services Transport~tion Engj;iE:Cring and Construction 4/'\4/2009 8:39 AM Approved By Mada Ramsey Publ,,:: Ssrvices Administrator Date Public Services Public Services t\dmin. L,J14!2U0812:i1 PM ..\pproved By Norm E. Feder. Ale? Transpor~atiofl Division Administrator Date Transportation Services TransportaUon 3c'rvlces Admin. 4/14/:':0093:02 Pl\ll Apprm'cd By John Vliet Roads Ma~nten3nce Superintcnaant Date Transportation Services Road Maintenan:::e 4/"15/2009 i 1: 30 AM Appron'd By Geredd Kurtz Senj,)1' Engirwer i;...J,,;\.\: Transportaticn Services Stor:nwater rV12r.ageme-nt 4n 5/20C'9 5:57 Phil .\ppro\'Cd By Therese Stanley G,2r~h; CO(lrdinatur '"'---.. ..hie;:; Transportation Tr2t1Sportzi:ion Administr::.ti~-'n 4/': b,'2{j[!9 4 ::21 Pl'li Appro\'ed By P::!t Lehnhard EX0Ci~tl\H~ Secre~Jry [I,de T~3nSpc,:-;.;:,ti,;f'~ ,-):~'. ;:'(;3 I at;1.:: ..c.. UJ .;. . ,,--h (, ~<U : .','~" 28. 2000 j :'~~ ::;'or::r: l:U~1 S2n.ii~:es Adm:n 0::-;';6'2009 4....7 ~'i/J \rrro\'l'd B~' OMS C:oordjr;<ltor County Mar:aJf:n's ()tff~e OMS CcX~lt:,&l:Jr 2a",: Ofk:e of :~!"u~agernC'nt & 2uu;j(?t 4/i7/2UQS 11 :08 AM \ppro\'('d 8y Susan Usher County Manager's Office Senior rvian?gernentJ8udget Anaiyst Date omr.e of Management &. Budget 4l~ 9/2009 i 0 ~20 AM Appro\'(.d By Leo E. Oehs. Jr. Board of COllnt~' CommiS5ion,.~s Deputy C~Hmty r.tianw3er Date County iV!a!l2gers :,:fk:e 4;2.0/2Q09 3:15PM Ie.. ... -,'-1'1 I: -e., 'tern J'Jo. '102:6 28, 2:;U9 :: jf 24 (8 SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT AGREEMENT NO. 4600001765 BETWEEN THE . SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS THIS AGREEMENT is entered into as of the by and between the South Florida Water Management District (DISTRICT) and Collier County Board of County Commissioners( CO UNTY), WHEREAS, the DISTRICT is a public corporation of the State of Florida, created by the Florida Legislature and given those powers and responsibilities enumerated in Chapter 373, Florida Statutes, to include entering into contracts with public agencies, private corporations or other persons; and WHEREAS, the DISTRICT desires to provide financial assistance to the COUNTY for a Water Quality Improvement Conservancy Project; 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 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 the project in support of a Water Quality Improvement Conservancy Project. 2. The period of perfoffilance of this AGREEMENT shall commence on the date of execution of this AGREEMENT and shall continue for a period of Six (6) months, 3, The total DISTRICT contribution shall not exceed the amount of Fifty Thousand Dollars and No Cents ($50,000,00), The DISTRICT will provide the full amount based on the Payment and Deliverable Schedule set forth in Exhibit "B", which is attached hereto and made a part of this AGREEMENT, The DISTRICT's contribution is subject to Agreement No. 4600001765- Page 1 of7 ,j ~Cj ,. ~u ~28 '} U C; ~J ,c:.' .C4 adequate documentation to support actual expenditures within the not-to-exceed AGREEMENT funding limitation of $50,000,00, In no event shall the DISTRICT be liable for any contribution hereunder in excess of this amount. If the total consideration for this AGREEMENT is subject to multi-year funding allocations, funding for each applicable fiscal ycar of this AGREEMENT will be subject to Governing Board budgctary appropriation, In thc event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon cxpenditure 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 approvcd for this AGREEMENT, 4, The COUNTY shall submit quarterly financial reports to the DISTRICT providing a detailed accounting of all expenditures incurred hereunder throughout the term of this AGREEMENT, The COUNTY shall report and document the amount of funds expended per month during the quarterly reporting period and the AGREEMENT expenditures to date within the maximum not-to-exceed AGREEMENT funding limitation, 5, The COUNTY shall cost sharc a minimum amount of Fifty Thousand Dollars and No Cents ($50,000,00) in conformity with the laws and regulations governing the COUNTY. 6, All work to be performed under this AGREEMENT is set forth in Exhibit "A", Statement of Work, which is attached hereto and made a part of this AGREEMENT, The COUNTY shall submit quarterly progress reports detailing the status of work to date for each task, The work specified in Exhibit "A" shall be undcr the dircction of the COUNTY but shall be open to periodic review and inspection by either party, No work set forth in Exhibit "A" shall be performcd beyond the expiration date, unless authorized through execution of an amendment to cover succeeding periods, 7, Tbe 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 ), 8, Both the DISTRICT and the COUNTY shall have joint ownership rights to all work items, including but not limited to, all documents, technical reports, research notes, scientific data, computer progran1s, including the source and object code; which are developed, crcatcd 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 8ha!l inch,d", the unrestricted and perpetual right to use. reproduce. modify 8-l1d distribute such deliverables at no additional cost to the other party, Notwithstanding the foregoing, ownership of all equipment and hardware purchased by the COUNTY under this AGREEMENT shall be deemed to be the property of the Agrc'.:ment No. 4600001765- Page :2 of 7 118:1'1 l-.~o 'j C:B6 :~2, ~'=;C-::J 7' ~)1 =4 COUNTY upon completion of this AGREEMENT. The COUNTY shall retain all ovmership to tangible property, 9, The COUNTY, to the extent permitted by law, assumes any and all risks of personal injury, bodily injury and property damage attributable to negligent acts or omissions of the COUNTY and the officers, employees, servants and agents thereof, The COUNTY represents that it is self-funded for Worker's Compensation and liability insurance, covering bodily injury, personal injury and property damage, with such protection being applicable to the COUNTY, its officers and employees while acting within the scope of their employment during performance of under this AGREEMENT, In the event that the COUNTY subcontracts any part or all of the work hereunder to any third party, the COUNTY shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by the COUNTY, Any contract awarded by the COUNTY shall include a provision whereby the COUNTY's subcontractor agrees to indemnify, pay on behalf, and hold the DISTRICT harmless from all damages arising in connection with the COUNTY's subcontract. 10, The COUNTY and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (I) denying to either party any remedy Dr 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, II. 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 \\Titten consent of the other parties, Any attempted assignment in violation of this provision shall be void, 12, The parties to this AGREEMENT assure that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under this AGREEMENT, 13, The COUNTY, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this AGREEMENT, The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the COUNTY, upon request, as to any such laws of which it has present knowledge, 14, Either party may terminate this AGREEMENT at any time for convenience upon thirty (30) calendar days prior written notice to the other party, In the event of termination, all funds not expended by the COUNTY for authorized work perfoffiled through the termination date shaH be returned to the DISTRICT ,,~:.rithin sixty (60) days of termination. Agreement No. 4600001765- Page 3 of 7 .(:, ,:;;n'I(J. ':;;y~.. 2S 20~}9 (~ :11 - , 15. The COUNTY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes, Should the COUNTY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the COUNTY. 16, The COUNTY shall maintain records and the DISTRICT shall have inspection and audit rights below, The COUNTY shall similarly require each subcontractor to maintain and allow access to such records for audit purposes: A, Maintenance of Records: The COUNTY shall maintain all financial and non- financial records and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or reports, Such records shall be maintained and made available for inspection for a period of five (5) years from the expiration date of this AGREEMENT, B, Examination of Records: The DISTRICT Dr designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly Dr 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, 17, Whenever the DISTRICT's contribution includes state or federal appropriated funds, the COUNTY shall, in addition to the inspection and audit rights set forth in paragraph #16 above, maintain records and similarly require each subcontractor to maintain and allow access to such records in compliance with the requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows: 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 (CFDA), as applicable (3) Audit and accountability requirements for state projects as stated in the Single Audit ,Act a...'1d applicable ruJes 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 DlSTRlCT~ as completed per fiscal year Agreement No. 4600001765- Page 4 of 7 !!C:!TI t00 ~i 03,2; "::8, :!':)'J~l r 392 9 ,~;f ,2.4 B. Examination of Records: The DISTRICT or designated agent, the state awarding agency, the state's Chief Financial Officer and the state's Auditor General and/or federal awarding agency shall have the right to examine the COUNTY's financial and non- financial records to the extent necessary to monitor the COUNTY's use of state or federal financial assistance and to determine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations which may include onsite visits and limited scope audits, 18, All notices or other communication regarding this AGREEMENT shall be in writing and forwarded to the attention of the following individuals: South Florida Water Management District COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Attn: Molly Meadows, Project Mgr Telephone No, (239) 338-2929 ext 7730 Attn: Margaret Bishop, Project PM Telephone No, (239) -213-5857 Address: P,O, Box 24680 3301 Gun Club Road West Palm Beach, FL 33416-4680 Address: Collier County- 2885 Horseshoe Drive Naples, FI 34104 Attn: Patrick Wiener, Contract Specialist Telephone No, (561) 682-6220 19, COUNTY recognizes that any representations, statements or negotlatlOns 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. 20, 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, 21. 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, 22. Should any term or provision of this AGREEM~NT be held, to any extent, invalid or unenforceable, as against any person, COlJNTY or circumstance during the term hereof, by force of any statute, law, or ruling of any forum o[ competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, Lo the extent that the AGP~El\1ENT shall remain operable, enforceable Emd in fl.!l1 force and effect to the extent permitted by lav/. Agreement No. 4600001765- Page 5 of7 !;:1 ':2T: :Je; ~ r ~'r;' ;)a::J~j 23, 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 uoless 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, 24, 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 seck 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, 25, This AGREEMENT states the entire understanding and agreement between the parties and supersedes any and all written Dr oral representations, statements, negotiations, or agreements previously existing between the parties with respect to the subject matter of this AGREEMENT, 26, Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in preceding paragraphs 1-24 (b) Exhibit "An Statement of Work (c) All other exhibits, attachments and docwnents specifically incorporated herein by reference Agreement No. 4600001765- Page 6 of 7 ii::-;.[ll f\icJ, ',e:;'3 ~'3, ~~C)C9 '1 _4 IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT on the date first 'WTitten above, SOUTH FLORIDA WATER MANAGEMENT DISTRICT By: Frank Havden. Director of Procurement SFWMD 7ic~r~m;nt Approved _ I1v' ~ rJI~ Date: q ~ :<. ~ :200 'I ~ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS By:_~ Donna Fiala Title Chairman BY: Arrr:O;W4-~ Depllty Co1lDty AttOJ'DeY ATTEST DWIGHT E. BROCK, CLERK Agreement No. 4600001765- Page 7 of7 FC;T ;JC 9 ] 01 4 Exhibit "A" Lakes to Bay Goodlette Frank Conservancy Filter Marsh Project Statement of Work Introduction Naples Bay, located on the southwest coast of Florida in Collier County, is a relatively narrow and shallow body of water ranging in width from 75 to 1500 feet and depth of I to 23 feet. Salt water enters the Bay from the south through Gordon Pass and mixes with freshwater entering the north end from the Golden Gate Canal, Rock Creek, Haldeman Creek, and the Gordon River. While the Bay once drained about 20 square miles, it is now the receiving body from approximately 120 square miles due to the construction of the Golden Gate Canal systcm and its linkage to the Bay, The Bay's historical watershed was comprised of swamps, marshes and sloughs that replenished aquifers, supported plant and animal life, and supplied water for a relatively low human population in the region, However, beginning in the mid-twentieth century, the watershed's landscape began to change from this natural setting to agriculture in the east, and, particularly in the westcrn portion of the watershed, to highly urbanized land uses, The development of urban infrastructure in the form of roads, utilities, canals, and recreational facilities has resulted in the loss of many historic flowways to the Bay and changes in both the quantity of water running off the land and the amount of pollutants being carried with that water into the Bay have occurred, In 2007, the Governing Board of the South Florida Water Management District (District) approved the Surface Water Improvement and Management Plan (SWIM Plan) for the Bay, The plan contains over 40 projects to address Water Quality, Stormwater Quantity, Watershed Master Planning & Implementation, and Habitat Assessment, Protection and Restoration, One of the projects listed in the SWIM Plan is thc Lakes to Bay Goodlelle Frank Conservancy Filter Marsh system hereafter referred to as the "Conservancy Filter Marsh Project" that will help with improving the water quality in the Gordon River and Naples Bay, The proposed filter marsh project will be situated within the "Gordon River South" subbasin, on property owned solely by the Conservancy of Southwest Florida (Conservancy), The Gordon River South subbasin is one of 32 subbasins that reside in the Naples Bay Watershed, which in turn resides within the Western Big Cypress Basin Watershed, Collier County and the Conservancy of Southwest Florida have partnered to construct this project. Thc District's function is as a cost-share partner working through Collier County. Agreemcnt No, 4600001 765 Page I of3 J 1',:;':;'1'1 i'~D. : t:\D!.) '),Q 2DJ9 'j:J of ~:4 Objective This project will create a filter marsh, which will include modifications to an existing ditch and the construction of a wet detention pond and filter marsh, This will reduce the pollutants and decrease the volume of storm water runoff from the Gordon River South subbasin, The project proposes to intercept the stormwater flow in the drainage ditch and divert the flow into a wet detention pond, which in turn, will drain into a filter marsh prior to discharging into the Gordon River. Additionally, the ditch will be modified to slow down the flow rate through a combination of slope alteration and stabilization and vegetative plantings, These Best Management Practices (BMP's) will reduce nonpoint source pollutant loads and the resulting ecological impacts to the Gordon River South subbasin, specifically the Gordon River, a tributary of the Naples Bay Watershed, Targeted criteria include: 1) Improve water quality by reducing annual stormwater runoff volume and pollutant load discharges; 2) Increase wetland species diversity and biological productivity through the creation of wetland vegetative cover and removal of exotics, which should increase native species use and improve the ecological value of the site; 3) Project assessment through methodology that conforms to documented scientific standards for evaluating nutrient loading, hydrologic regime and wildlife assessments pre- and post-construction; and 4) Increase public awareness of water quality problems associated with stormwater runoff and illustrate the benefits and aesthetic qualities of filter marshes to Conservancy visitors through several public outreach initiatives, Work Breakdown Structure The Conservancy of Southwest Florida shall construct the Conservancy Filter Marsh project in partoership with Collier County acting as a disbursement agent as stated in their Agreement dated April 2009, Upon completion ofthe project, Collier County shail submit to the District a 100% completion certification and an invoice for the agreed upon cost-share amount not to exceed $50,000,00, Collier County shall provide evidence received from the Conservancy that a minimum 50% cost share has been met with the invoice submitted, The subject cost share documentation must be included with the invoice and must be sent to the appropriate District project manager, Without the 50% cost match documentation the invoice will not be paid, Agreement No, 4600001765 Page 2 of 3 ,'; :; :"T, :'~Cj ,,"p'-,,;' :;:>3 .2C109 "':2 J:/ ::::4 EXHIBIT "B" Payment & Deliverable Schedule The total cost of the project is $546,869, The South Florida Water Management D' " 'b' h '.11 d $50 000 Istnct s contn utlOn to t e project WI not excee , Task Date Deliverables SFWMD's Collier's Contribution Minimum Cost Match Construction 6 100% Completion $50,000 $50,000 to include: months Certification, Application and I I Modification Certificate for Payment and I to an existing Invoices ditch, showing cost breakdo'WTI, The construction County shall submit an invoice of wet from Collier County with an detention invoice number indicated on it pond, filter with the amount due, marsh, and native plantings Ifthe total consideration for this AGREEMENT is subject to multi-year funding allocations, funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Board budgetary appropriation, In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the contrary. * All dates are referenced from the date of execution of the contract and are estimated, * * The District shall only be obligated to pay for documented actual expenditures within the not-to-exceed amounts specified above, In no event shall the District's total obligation exceed $50,000,00 as specified above, *** This is a cost share project with an anticipated total of $546,869; the District's share is not to exceed $50,000,00 with the remaining balance to be paid by Collier County, Notel: Pay requests for construction may be submitted before the due date of the signed agreement. Note 2: Collier County shall provide evidence that a minimum 50% cost share has been met on the invoice submitted, The subject cost share documentation will be included with each invoice and will be sent to the appropriate District projcct managcr. Once approved it will be forwarded to the South Florida Water Management District's Accounts Payable. Without the 50% cost match documentation the invoice will not be paid, Agreement No, 4600001765 Page 3 of3 (i,en: !"~', 686 23, 2C09 :: "I L4 PROJECT: Conservancy Filter Marsh FOLIO No(s): 61940240008 AGREEMENT TO CONSTRUCT A FILTER MARSH THIS Agreement to construct a Filter Marsh (hereinafter referred to as the "Agreement") is made and entered into on this day of April, 2009, by and between the CONSERVANCY OF SOUTHWEST FLORIDA, Inc., a Florida Non Profit Corporation, whose mailing address is 1450 Merrihue Drive, Naples, FL 34102, (hereinafter referred to as the "Conservancy"), and COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112. WHEREAS, the Conservancy is constructing a Filter Marsh on lands described in Exhibit "A", which is attached hereto and made a part of this Agreement (hereinafter referred to as the "Filter Marsh"); and WHEREAS, County will act as an agent between the South Florida Water Management District (the "District") and the Conservancy for disbursement of funds for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, the Conservancy has agreed to hire a contractor to construct the Filter Marsh on Conservancy property; and WHEREAS, the Conservancy will provide Construction, Engineering and Inspection services throughout the life of the Filter Marsh and associated facilities; and WHEREAS, the Conservancy will provide a schedule, progress reports and any results to the County; and WHEREAS, the Conservancy is the permittee for the Filter Marsh; and WHEREAS, the Conservancy will be responsible to adhere to the permit requirements and conditions stated in the District's permit number 11-02960-P (See "Exhibit B," attached); and WHEREAS, the County has determined and the Conservancy mutually agrees that it is in the public's best interest to consummate this Agreement NOW THEREFORE, in consideration of these premises, the sum of ten dollars ($10,00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and bet.veen the parties as follows: 1, All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference CiS if set forth fuUy belo';N, and all Exh:bits referenced herein are made a part of this Agreement. ,"", ':,9-3 ~<3. :.:<;09 ':-..- F,~ " ,.~ '-.f '14" f"age 2 c. 2, The County as a local government agency will disburse funds it receives from the District allocated to this project, not to exceed $50,000,00, which will ultimately be remitted to the Conservancy as payment for its construction of the Filter Marsh, Funds that the County receives from the District will be disbursed to the Conservancy upon receipt in accordance with the following procedures: a) b) c) d) This project is a cost share project with an anticipated total contribution between the Conservancy and the District in the amount of $546,869, The District's share shall not exceed $50,000,00; which amount will be remitted from the District to the County upon submission of invoices showing that a minimum 50% cost share has been met on invoices submitted by the Conservancy forwarded to the District. The Conservancy will timely submit invoices documenting the work completed on the Project in a form acceptable to the County, The Conservancy shall include cost share documentation with each invoice it supplies to the County, Upon receipt of the Conservancy's invoices, the County will review, process and forward the invoices to the appropriate District project manager for payment. The District shall remit prompt payment to the County within thirty (30) days of its receipt of the Conservancy's invoices, Once funds from the District have been received by the County, the County will process and remit payment to the Conservancy within thirty (30) days of receipt. The County shall only be obligated to reimburse the Conservancy in its role as recipient of funds actually received from the District for documented expenditures submitted by the Conservancy up to the $50,000.00 not-to-exceed amount specified above, The Consen'anc" shall ma',nt",;n all r"''''orrls ''''q";r,,,rI by th", ('''un''' All . . I '1/ . I Y '" . I ....... .......... "'" i..... _........w ...... _... 'l.y... invoices, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the Conservancy for the purpose of this Agreement shall be made available to the County by the Conservancy at any time upon request by the County and be subject to treatment under Chapter 119, Florida Statutes, also known as the Public Records Law, Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to County, if requested, 2, County and the Conservancy agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 3, County agrees, represents and warrants the following: 1....\ r"............"". k........ ...11 ..;....hf. .........H......... ........,...,1 ......r~hO.I..,." f..... "",...te' 'nt^ ~nd to .o'Vo.c"'e 'hl'" \0) \..JVUIIlY 110,:) lUll 11~lll, 1'-'\,.1,""";;;;1 ClIII".I ClUlIl 1'1 l..... -';;;11. I I .... 0;, " '-^'-' l.U. " o.J Agreement, to execute, deliver and perform its obligations under this ':3 !te;n r'~C!, 1 ;386 28, 2CJ09 =PE1ge~Jf 2-i Agreement and the instruments executed in connection herewith. to undertake all actions and to perform all tasks required of County hereunder and to consummate the transaction contemplated hereby, (b) No party or person other than the Conservancy has any right or option to acquire the Filter Marsh or any portion thereof, (c) The property underlying the Filter Marsh, and all uses of the said property, have been and presently are in compliance with all Federal. State and Local environmental laws; that no hazardous substances have been generated, ----e'" -.--ted or -.an-'erred on -he -'op-,,;,' underlv'lng 'he <=;"e' "-'-h' 'h_+ :;:'LUI u, Llca u I ~I I L "'1 t::"lll 7" I I II" I IVICU;;:! I, u,c:.tl.. the Conservancy has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Filter Marsh. that the County or the Conservancy have not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Filter Marsh; b) any existing or threatened environmental lien against the property underlying the Filter Marsh; or c) any lawsuit. proceeding or investigation regarding the generation. storage. treatment. spill or transfer of hazardous substances on the property underlying the Filter Marsh, (d) The County shall not be responsible for. nor shall the County dictate upon the Conservancy construction means. methods, techniques, skills. sequences or procedures of construction relating to the Filter Marsh project. The aforementioned responsibilities during construction shall remain with the Conservancy and or its contractor and/or the contractor's subcontractors, 4, County agrees to act as an agent between the Conservancy and the South Florida Water Management district, solely to dispense funds, for the purpose of constructing one, (1). Filter Marsh. and has no fiscal responsibility for the construction of the Filter Marsh, 5, The Conservancy agrees. represents and warrants the following: a) Conservancy shall coordinate and confer with the County and other similarly situated parties as necessary throughout the construction of the Filter Marsh, b) Conservancy shall oversee the construction of the Filter Marsh Project. c) Conservancy shall provide a schedule and progress reports to the County upon commencement of construction of the Filter Marsh through ..................,j:........4.;...... ....................I--40;.....n ro-n-en..............v .........r.........." +,... .."'9'.'....r'y .....^~I"'"r"'luni....~t.o. u.,ifh I",UII::>lIU\,;lIUll LoVIII~It.'lIU . ',JU I~ 'VClllvl 0I;;t1C"~';;) LV Ie UIQ I ........11'11. II'''-''~''"" ".1\,11 the County and respond to inquiries regarding the project within a reasonable period of time during the construction period, A' u/ 11..........0 ......................I,..,f.;.......... .....& Cilf.,""" ~A""'rsh --ns.r.1....+i""'..... j.....,...III~i,....... '.!\.!{)r. k ~!!th"ri.z~rl V~UI \"VII ItJ'CUVI I VI III\,C" IVIQ ~II .....Vl I.. 10.4"-"..'.....11, 111..,11..1....11':;1 "_ . __ _ __ under any change orders and supplemental agreements. the Conservancy will conduct a final inspection of the work. which final inspection shall ILsrl ~,b1GB6 _:3. ;;:009 :-p'gg~ :~~f)f 24 include the County's designated agent/representative prior to the County issuing final payment. e) All contracts entered into by the Conservancy for the construction of the Filter Marsh shall require the party contracting with the Conservancy to save harmless, indemnify and defend County and its agents, officers and employees from any and all claims, losses, penalties, demands, judgments, and costs of suit, including attorney's fees, or any expense, damage or liability incurred by any of them, whether personal injury, property damage, direct or consequential damages or economic loss, arising directly or indirectly on account of or in connection with the work done by the Conservancy's contractor pertaining to the construction of the Filter Marsh or by any person, firm or corporation to whom any portion of the Filter Marsh is subcontracted by the Conservancy's contractor. f) The Conservancy shall be solely responsible for all costs directly and indirectly associated with the design, permit and contract administration services to be performed in connection with the Filter Marsh prOject, g) The Conservancy shall provide the County with all State directives and communications received during the construction of the Filter Marsh and provide a set of approved construction plans and executed contract documents for the Filter Marsh Project prior to the commencement of construction activities by the Conservancy's contractor, h) Trle Conservancy's contractors shall maintain insurance in the following amounts: I. $1 ,OOO,OOTOO in pollution liability coverage; II. $1,000,000.00 in employer's liability insurance; III. $1,000,000,00 in general liability coverage; IV, $500,000,00 in automobile liability coverage; and v. Statutory minimum for workers compensation coverage In addition, the Conservancy's contractors shall add the County as an additional insured on its general liability insurance policy, 6, The Conservancy and the County mutually agree and represent: a) The Conservancy shall match any grant funding for the Filter Marsh project received from the South Florida Water Management District, in accordance with match amounts stipulated by the District. up to the amount of $50,000,00, 7. This Agreement and the terms and piovisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of itern ~~o, 1656 .i.:"pril 28, 2009 F?age'Oci 24 and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits and shall terminate no later than (30) days after the construction portion of the Filter Marsh Project has been completed, unless the parties mutually agree to extend that period through a separate written document amending this Agreement.. 8, Whenever necessary, the Parties shall cooperate to fulfill their respective obligations under this agreement. 9, This Agreement shall only be amended or cancelled by mutual written consent of the Parties hereto or by their successors in interest. 10, Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 11, This Agreement is governed and construed in accordance with the laws of the State of Florida, IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written, ATTEST: DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: DONNA FIALA, Chairman Approved as to form and !eg;:l,l sufficienc~: '\ I ,: ;:,J, \ .!-J .1. / ( ! ,--1 l_; t i- i /1 ~-t" i. _ ! . - :' 0,,- _ .~_ Scott R. Teach, Deputy County Attorney :\',1. 'i~.;36 .:::~). 2C;;()9 ::'r.rJC ,.-', '--j' ~).'I r-";age'3J ..-t AS TO THE CONSERVANCY OF SOUTHWEST FLORIDA, INC,: BY: Print Name: Witness (Signature) Name (Print or Type) Witness (Signature) Name (Print or "Type) Last Revised: 4/38109 L\;E::nda it8T; r'JO. i CSG 23. 2009 21:A .24 Agreement Betwecn the South Florida Water Management District and Collier County to Cost Share on the Construction of the Lakes to Bay Goodlette Frank Conscrvancy Filtcr Marsh Projcct Statement of \Vork Introduction Naples Bay, located on the southwest coast of Florida in Collier County, is a relatively narrow and shallow body of water ranging in width from 75 to 1500 feet and depth of ] to 23 feel. Salt water enters tbe Bay from tbe soutb through Gordon Pass and mixes with freshwater entering the north end from the Golden Gate Canal, Rock Creek, Haldeman Creek, and the Gordon River. While the Bay once drained about 20 square miles, it is now the receiving body from approximately] 20 square miles due to the construction of the Golden Gate Canal system and its linkage to the Bay, The Bay's historical watershed was comprised of swamps, marshes and sloughs that replenished aquifers, supported plant and animal life, and supplied water for a relatively low human population in the region, However. begilming in the mid-twentieth century, the watcrshed's landscape began to change from this natural setting to agriculture in the cast, and, particularly in the western portion of the watershed, to highly urbanized land uses, The development of urban infrastructure in the form of roads, utilities, canals, and recreational facilities has resulted in the loss of many historic flowways to the Bay and changes in both the quantity of water running olTthe land and tbe amount of pollutants being carried with that water into the Bay have occurred. In 2007, the Governing Board of the South Florida Water Management District (District) approved the Surface Water Improvement and Management Plan (SWIM Plan) [or the Bay, The plan contains over 40 projects to. address Water Quality, Stonnwater Quantity, Watershed !\'laster Planning & implementation, and Habitat Assessment, Protection and Restoration. One of the projects listed in the SWiM Plan is the Lakes to Bay Goodletle Frank Conservancy Filter Marsh system hereai1er referred to. as the "Conservancy Filter Marsh Project" that will help with improving the water quality in the Gordan River and Naples Bay. The proposed lilter marsh project will be situated within the "Gordon River South.' subbasin, on property owned solely by the Conservancy of Southwest Florida (Conservancy), The Gordon River South subbasin is one of 32 subbasins that reside in the Naples Bay Watershed, which ill turn resides within the Western Big Cypress Basin Watershed. Collier County and the Conservancy of Southwest Florida have partnercd to construct this project. The District's fUnClio!1 is as a cost-share partner working through Collier County. :-:-'~ :'~fJ . ',E:;G =',:1" '2 Objective This project will create a !iller marsh, which will include modifications to an existing ditch and the construction of a wet detention pond and filleT marsh, This will reduce the pollutants and decrease thc volume of stormwater runoff from the Gordon River South subbasin, The project proposes to intercept the stormwatcr Jlow in the drainage ditch and divert the flow into a wet detention pond, which in turn, will drain into a Elter marsh prior to discharging into the Go;.don River. Additionally, the ditch will be modi!ied to slow down the now rate through a combination of slope alteration and stabilization and vegetative planlings. These Best Management Practices (BMP's) wiil reduce nonpoint source pollutant loads and the resulting ecological impacts to the Gordon River South subbasin, specifically the Gordon River, a tributary ofthc Naples Bay \Vatcrshed. Targeted criteria include: ]) Improve water quality by reducing annual stormwater runoff volume and pollutant load discharges; 2) Increase ,yctland s;:>ecies cli\crsity and biolc'gical productivity through the creation of wetland vegetative cover and removal of exotics, which should increase native species use and improve the ecological \'alue of the site; 3) Project assessment through m~tbodology that conforms to documented scientific standards for evaluating nutrient loading. hydrologic regime and wildlife ~ssessments pre- and post-construction; and 4) Increase public awareness of water quality problems assoeiatcd with stormwater runoff and illustrate the benefits and aesthetic quaiities of filter marshes (0 Consen'ancy vis;(c'rs through several public outreach initiatives. \Vork Brcal,down StructUl'C CollJ' "r C '.'n'" '11 P'''1n''"S"I.p , "I't11 '"~ C()n"e~..nc)' or- So,,,h,'."st FIorI. ,la. ,11all C')l'st'."ct .... \.J~I Ill! ~H ll'-l 11 , .. ~"..... ...H.) -, ,.u.u..... ,....u .....__ -... oJ" -... '_ ...... the Conservancy Filter Marsh project. Uron completion of the project. Collicr County shall submit to the District a ] 00% completion cnti!icatlon and an invoice for the agreed upon cost-share amount not to exceed SSO.OOD.DO, Collier Count)' shall provide evidence that a minimum 50% cost share bas becn met with thc invoice submitted, The subject cost share dOCUlTICntation must be included \\'ith the invoice and n1usl be sent to the appropriate District prujcct manager. Without the 50% cost match documentation the invoice will not be pa;d. ;i'31n i'~c!. '1(::86 23 2009 ::::jT 24 Pa)'ffient & Deliverable Schedule The total cost of the project is $546,869, The South Florida Water Management District's contribution to the project will not exceed $50,000, --.- Task Date I . Deliverables I SFWMD's i Contribution I i 6 I ] 00% Completion -1 months I Certification, Application and i Celiificate for Payment and i Invoices : showing cost breakdown, The , - i County shall submit an invoice i from Collier County with an I invoice number indicated on it with the amount due, I I , J I -COllier'S~1 I Minimum 1 Co:t Match I $)0,000 I I I I i I I Construction i to include: I Modification I to an existing I ditch, , : constructIon , of wet I detention i pond, filter II marsh, and , natIve I I ' ! p antmgs I $50,000 J If the total consideration for this AGREEMENT is subject to multi-ycar funding allocations, funding for each applicable fiscal ycar 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 currcnt funding, notwithstanding other provisions in this AGREEMENT to the contrary, __:_J i -I * All dates are referenced from the date of execution of the contract and are estimated, ** The District shall only be obligated to pay for documented actual expenditures within the not-to-exceed amounts specified above, In no event shall the District's total obligation exceed S50,000,OO as specified above, ,,** This is a cost share project with an anticipated total of $546,869; the District's share is not to exceed $50,000.00 with the remaining balance to be paid by Collier County. Notel: Pay requests for construction may be submitted before the due date of the signed agreement. Note 1: Collier County shail provide evidence that a minimum 50% cost share has been met on the invoice submitted. The subject cost share documentation will be included with each invoice and will be sent to the appropriate District project manager. Once approved it will bc forwarded to the South Florida Watcr rvlanagemcnt District's /\ccounts Payable. V-/ithout the 50(;/0 cost match docurnentation the invoice yvill not be paid, ~g~ ..,-("-./ :::. ~? ~2:2J --- Q) ~33J ::::::: '"," ~.:... ro -:J (lJ o:J) <1: ... ~ f,/') - '" ~ " ~ ... ... :::: 1i: >. (J " '" 1: '" '" " o () "' ... ::l c:l u::