Backup Documents 04/28/2009 Item #16B 6
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
(Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The
completed routing slip and original documents are to be forwarded to the Board Office only J!.f!tt the Board has taken action on
the item.)
ROUTING SLIP
Complete routing lines #1 through #4 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 #4, complete the
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checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of eounty eommissioners
6. Minutes and Records Clerk of eourts Office
PRIMARY CONT ACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Nomlally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one oflhe addressees above, including Sue Filson. need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the Bel' office only after the BCC has acted to approve the
item.)
Name of Primary Staff Margaret Bishop Phone Number (239) 252-5857
Contact
Agenda Date Item was 4/28/09 Agenda Item Number 16B6
Approved by the BCC
Type of Document SFWMD local governmental agreement Number of Original 3
Attached Conservancy Agreement Documents Attached
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. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office ofthe County Attorney. This includes signature pages from ordinances, }'1 (/ Ii
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's /:'1'1 a ii
Office and all other parties except the BCC ehairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date of BCC approval of the )l,' d-t)
document or the final negotiated contract date whichever is applicable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's 1J.t t{ -tS
signature and initials are required.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain 'rN)'~
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6. The document was approved by the BCC on 4/28/09 and all changes made during the
meeting have been incorporated in the attached document. The eounty Attorney's Office ');1 It/;;
has reviewed the changes, if applicable.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip
WWS Original 9.03.04
MEMORANDUM
Date:
April 29, 2009
To:
Margaret A. Bishop, Sr. Project Manager
Transportation Stormwater Mgmt.
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
SFWMD Local Governmental Agreement & Conservancy
Agreement
Enclosed for your records, please find two originals of the document
referenced above, (Agenda Item #16B6) approved by the Board of County
Commissioners on Tuesday, April 28, 2009.
I am having the other original document recorded and will have a copy of the
fully executed and recorded document sent to your office.
If you should have any questions, please call me at 252-8411.
Thank you.
Enclosure
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O R' I;" ' lL6 B 6
iLJII\JA
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(COUNTY).
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 performance 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 I of7
adequate documentation to support actual expenditures within the not-to-exc~d6 B 6
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 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.
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 share 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 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 the expiration date, unless authorized
through execution of an amendment to cover succeeding periods.
7. 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).
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 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 umestricted and perpetual right to use, reproduce,
modify and 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
Agreement No. 4600001765- Page 2 of 7
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COUNTY upon completion of this AGREEMENT. The COUNTY shall retain all
ownership 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 (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.
11. 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.
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 performed through the
termination date shall be returned to the DISTRICT within sixty (60) days of
termination.
Agreement No. 4600001765- Page 3 of 7
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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 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.
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 (CSF A) 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 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
Agreement No. 4600001765- Page 4 of7
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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
Attn: Patrick Wiener, Contract Specialist
Telephone No. (561) 682-6220
Address:
Collier County-
2885 Horseshoe Drive
Naples, Fl 34104
Address:
P.O. Box 24680
330 I Gun Club Road
West Palm Beach, FL 33416-4680
19. CO UNTY 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.
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 AGREEMENT be held, to any extent, invalid or
unenforceable, as against any person, COUNTY 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.
Agreement No. 4600001765- Page 5 of7
-_...~"--_",~a _"'~.".""'~;''''.-
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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
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.
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
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.
25. 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.
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 "A" Statement of Work
(c) All other exhibits, attachments and documents specifically incorporated herein by
reference
Agreement No. 4600001765- Page 6 of 7
IN WIlNESS WHEREOF, the parties or their duly authorized representatives hereby ~e~teB 6
this AGREEMENT on the date first written above.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
By:
Frank Hayden, Director of Procurement
SFWMD ~urem.':-:1J.rov~
Rv' W If{4JdtJ
Date: If - d - :tOO q
~
BOARD OF COUNTY COMMISSIONERS
By:
d~
Title Chairman
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Agreement No. 4600001765- Page 7 of 7
Exhibit" A"
Lakes to Bay Goodlette Frank
Conservancy Filter Marsh Project
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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 1
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 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, 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 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 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 the Lakes to Bay Goodlette
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. The District's function is as a cost-share partner working through
Collier County.
Agreement No, 4600001765 Page 1 of 3
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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 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. 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 ofthe 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 partnership with Collier County acting as a disbursement agent as stated in
their Agreement dated April 2009. Upon completion of the project, Collier County shall
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
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EXHIBIT "B"
Payment & Deliverable Schedule
The total cost of the project is $546,869. The South Florida Water Management
D' ., 'b f h . t '11 t d $50 000
Istnct s contn u Ion to t e proJec WI no 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
Modification Certificate for Payment and
to an existing Invoices
ditch, showing cost breakdown. 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
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.
* 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 project manager. 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
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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 .::l.l) --ot~ 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 8," 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 between the parties 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, and all Exhibits referenced
herein are made a part of this Agreement.
16B6
Page 2
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) 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.
b) 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.
c) 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.
d) The Conservancy shall maintain all records required by the County. All
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:
(a) County has full right, power and authority to enter into and to execute this
Agreement, to execute, deliver and perform its obligations under this
page~6 B 6
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,
stored, treated or transferred on the property underlying the Filter Marsh; that
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
construction completion. Conservancy agrees to regularly communicate with
the County and respond to inquiries regarding the project within a
reasonable period of time during the construction period.
d) Upon completion of Filter Marsh construction, including work authorized
under any change orders and supplemental agreements, the Conservancy
will conduct a final inspection of the work, which final inspection shall
paglt6 B 6
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) The Conservancy's contractors shall maintain insurance in the following
amounts:
I. $1,000,000.00 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 provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of
- --"-"-"---~----""-"-'-"-'-".-" ."'-_._----_._--~..."..-
pa~e~ B 6
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.
, f\~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ..~ ~~
DONN FIALA, ChaIrman
ATTEST: .
DWIGMT E.~RO<;K,.'Gierk
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11tn.ture OIr. ·
Approved as to form and
'e~uff;7i j~
Scott R. Teach,
Deputy County Attorney
page~6B 6
BY:
ANCY OF SOUTHWEST FLORIDA, INC.:
AS TO THE CON
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Witness (Signat )
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Name (Pont or Type)
OLL_C:~~
Witness (Signature)
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Name (Print or Type)
Last ReYI8ed: 41081'O9
Agreement Between the South Florida Water Management District and Collier 16 B 6
County to Cost Share on the Construction of the
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 1
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 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, 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 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 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 the Lakes to Bay Goodlette
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. The District's function is as a cost-share partner working through
Collier County.
1686
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 stormwater runoff from the Gordon River South
subbasin. The project proposes to intercept the storm water 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
Collier County in partnership with the Conservancy of Southwest Florida shall construct
the Conservancy Filter Marsh project. Upon completion of the project, Collier County
shall 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
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.
1686
Payment & Deliverable Schedule
The total cost ofthe 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
Modification Certificate for Payment and
to an existing Invoices
ditch, showing cost breakdown. 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
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.
* 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 project manager, 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.
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