Agenda 05/12/2009 Item #16D 1
Agenda Item No. 1601
May 12, 2009
Page 1 of 5
EXECUTIVE SUMMARY
Recommend that the Board of County Commissioners approve and authorize the
Chairman to sign an Interlocal Agreement for Collier County Sherriff's Office
(CCSO) to take Coastal Zone Management (CZM) staff out, to artificial reef sites,
to conduct monitoring of artificial reef sites in exchange for one (1) permanent
vessel slip at Goodland Park.
OBJECTIVE: To obtain Board approval for the Interlocal Agreement for artificial reef
sites in exchange for one (1) permanent vessel slip at Goodland Park.
CONSIDERATIONS: The CZM Department is responsible for monitoring artificial reefs,
deployments and keeping in compliance with Army Corps of Engineers and Department
of Environmental Protection permits. In the past, CZM chartered boats at $100 per hour
to meet the permit requirements. This Agreement will allow CZM to continue to monitor
reef sites more economically, per the permit requirements, oversee deployments and
conduct reef clean-up events. This will be accomplished through:
a. The CCSO will provide CZM with use of a vessel and boat captain (officer) to
the designated reef site. During these trips, CZM staff will conduct two (2)
dives. All reef sites will be within 9 nautical miles of Collier's coastline.
b, CCSO shall be responsible for all costs associated with the diving trip
including the cost of fuel and any boat maintenance that may be required.
c. CZM agrees that CCSO may be required to terminate a dive or cancel due to
an emergency, and that CZM staff will need to reschedule said dive.
In return the CZM Department will provide one (1) vessel slip at Goodland Boat Park for
the CCSO for one year. This agreement has an automatic renewal provision with the
option for either party to terminated said agreement.
FISCAL IMPACT: This Agreement will save CZM approximately $7,000 a year in
general funds.
GROWTH MANAGEMENT IMPACT: N/A
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: Recommend that the Board of County Commissioners approve
and authorize the Chairman to sign an Interlocal Agreement for Collier County Sherriff's
Office (CCSO) to take Coastal Zone Management (CZM) staff out, to artificial reef sites,
to conduct monitoring of artificial reef sites in exchange for one (1) permanent vessel
slip at Goodland Park.
PREPARED BY: Pamela Keyes, Environmental Specialist, CZM Department
Page J of ]
Agenda Item No. 16D1
May 12, 2009
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1601
Recommendation that the Board of County Commissioners approve and authorize the
Chairman to sign an Interlocal Agreement for Collier County Sherriffs Office (CCSO) to take
Coastal Zone Management (eZM) staff out to artificial reef sites to conduct monitoring of
artificial reef sites in exchange for one (1) permanent vessel slip at Goodland Park.
Meeting Date: 5/1212009 90000 AM
Prepared By
Pamela Keyes Enviornmental Specialist Date
Coastal Zone Management Public Services 4/15120092:53:57 PM
Approved B}'
Colleen Greene Assistant County Attorner Date
County Attorney County Attorney Office 4121/200911:24 AM
Approved By
Kathy Carpenter Executive Secretar; Date
Public Services Public Services Admin. 4123/2009 10:56 AM
Appro,'ed By
Jeff Ktatzkow County Attorney Date
County Attorney County Attorney Office 4124120098:46 AM
Approved By
Marla Ramsey Public Services Administrator Date
Public Services Public Services Admin. 4128/20092:29 PM
Approved By
Gary McAlpin Costal Project Manager Date
Public Services Coastal Zone Management 4/28/20093:32 PM
A pproved By
OMS Coordinator OMS Coordinator Date
County Manager's Office Office of Management & Budget 4/2912009 9:42 AM
Approved By
Mark Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 5/4/200910:38 AM
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
Board of County County Manager's Office 5/41200911:18 AM
Commissioners
file://C:\AgendaTest\Export\ 129-May%20 1 2,%202009\1 6.%20CONSENT%20AGENDA \ 16... 5/6/2009
Agenda Item No. 1601
May 12, 2009
Page 3 of 5
Interlocal Aereement between the
Collier County Board of County Commissioners
and the Collier County Sheriff's Offiee
for boat dockine and divine artificial reefs
TH]S 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"), and lhe Collier County Sherriffs Office, a politica] subdivision of the
State of Florida, ("CCSO").
RECITALS:
WHEREAS, the Collier County Coastal Zone Management (CZM) requested that
CCSO's Marine Office take CZM diYing staff out to conduct monitoring of artificial reef sites
throughout the County; and
WHEREAS, the CCSO has agreed to provide this seryiee to benefit CZM and the Collier
County Artificial Recf Program; and
WHEREAS, in exchange, the County has agreed to allow lhe CCSO's Marine Office one
(1) permanent vessel slip at Goodland Park. The County will provide this space at no charge to
CCSO.
NOW, THEREFORE, it is hereby agreed that CCSO's Marine Office shall provide
officers and vessels for artificial reef diving activities and Collier County shall provide CCSO
with one pennanent vessel slip at Good]and Park, as more specifically defined in this Agreement.
l. Effective Date. This Agreement shall become effective on the latest 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 wri ling.
2. Termination. Each party shall have the right to terminate this Agreement with or without
cause upon thirty days writlen notice to the other party.
3. Request for Vessels. CCSO's Office shall provide vessel services as defined below on an
"as needed" basis as requested by CZM not to exceed twenty four (24) dive trips in a year. CZM
shall requesllhe work with one week advanced written notice.
a. Artificial reef diving will consist of basic reef monitoring and deployment
oversight.
b, The CCSO will provide CZM with use of a vessel and boat captain (officer) to the
designated reef site. During these trips, CZM staff will conduct two (2) dives.
All reef sites will be within 9 nautical miles of Collier's coastline.
c. CCSO shall be responsible for all costs associated with the diving trip including
the cost of fuel and any boat maintenance that may be required.
Agenda Item No. 16D1
May 12, 2009
Page 4 of 5
d. CZM agrees that CCSO may be required to terminate a dive or cancel due to an
emergency, and that elM staff will need to reschedule said dive.
4. Compensation. ClM shal] compensate the CCSO's Office by allowing the Marine Unit
Unit to dock, on a continua] basis, one (1) CCSO marine vessel at the GoodJand Park Facility.
There will be no additional compensation.
5. Liability. Each party shall be Iiab]e for its own actions and negligence to the extent
permitted by law. Parties understand that marine transportation presents certain safety risks and
risk of injury or death. Further, a1] those who are being transported on a CCSO yessel shall
assume the risk of that voyage and must take the appropriate steps to ensure their own safety.
The captain is in command of the yessel and if indiyiduals on board the vessel are acting in a
manner that the vessel's captain deems inappropriate or unsafe. the captain may terminate the
voyage, and take steps to minimize risks and ensure the safety of the others on board. Nothing in
this agreement shall be a waiver of sovereign immunity beyond the limits set forth in p68.28,
Fla. Stat., nor shall the same be construed to constitute agreement by either party to indemnify
the other party for such other party's negligent, willfu] or intentional acts or omissions.
6, Notices. Any and all notices or other communications provided for herein shall be given
to CCSO, attention Chief Greg Smith, Collier Sherriff's Office, 330] Tamiami Trai] East, B]dg
J, Naples, Florida 34] ]2. Notice to the county, attention Gary McAlpin, Director Coastal lone
Management, 3300 Santa Barbara Blvd., Naples, FL 34] ] 6.
7. This Agreement represents the entire agreement and understandings between the parties
and there are no other agreements or understandings, ora] 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 I'lorida,
IN WITNESS WHEREOF, the parties haye caLL~ed this Inter]ocal Agreement for boat
docking and diving artificial reefs, to be executed this _ day of
,2009.
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:
DONNA FIALA, Chairman
2
Approved as to form and
legal sufficiency:
C~fJf.t;jJ.tA /VI ~
Colleen M. Greene
Assistant County Attorney
COLLIER COUNTY SHER]FF'S OFF]CE
By: IJ~
Sheriffi!fi!!:ambosk --~
Approved as to fom and
legal sufficie
Agenda Item No. 1601
May 12, 2009
Page 5 of 5
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