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Backup Documents 04/14/2009 Item #16D 7 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIl6 D TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 7 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documcnts should be hand delivered to the Board Oftiee. The completed routing slip and original documents are to be forwarded to the Board Oftice only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures. dates. and/or inf(,rmation needed. I f the document is already complete with the exception of the Chairman's signature, draw a line through routing lines # I through #4, comolete the checklist. and t()rward to Sue Filson (line #5). Route to Addressee(s} Office Initials Date (List in routing order) .-. 1. ---- 2. ~ ------ -- 3. -------- - -' 4. Colleen Green Assistant County Attorney S '4'0'1 CfYlG- 5. Sue Filson Budget Office 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one orthe addressees ahove. including Suc Filson. need to contact staff for additional or missing information. All original documents needing the BeC Chairman' s signature are 10 be del ivered to the Bce olliee only after the Bec has acted to approve the item.) Name of Primary Staff Gail Hambright Phone Number 252-2966 Contact Agenda Date Item was 4/14/09 Agenda Item Number / -, Approved by the BCC Type of Document Interlocal Agreement Number of Original 3 Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate. 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 of the County Attorney, This includes signature pages trom ordinances, 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 ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. 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 time trame or the BCe's actions are nullified. Be a are of our deadlines! The document was approved by the BCC on 0 (enter date) and all changes made during the meeting have been incorporat d in the attached document. The Coun Attorne's Office has reviewed the chan es, if a Iicable. Yes (Initial) N/ A (Not A licable) 2. 3. 4. 5. 6. CJY7G rJ/rt G11E:r cmb rJ/A I: Forms! County Forms! BCe Forms! Original Documents Routing Slip WWS Original 9.0304. Revised 1.26.05. Revised 2.24.05 16D7 MEMORANDUM Date: May 5, 2009 To: Gail Hambright Coastal Zone Management From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Interlocal Agreement with City of Marco Island for Beach Maintenance at Hideaway Beach Attached, find please find two (2) originals of the document as referenced above, (Agenda Item #16D7), adopted by the Board of County Commissioners on Tuesday, April 14, 2009. An original has been sent to the Recording Department and will received a recorded copy from them. If you have any questions, please call 252-8411. Thank you, Enc10users Retn: CLIRK TO THI BOARD INTEROPPICB 4TH PLOOR BIT 7240 4293627 OR: 4451 PG: 1250 RBCORDBD in the OlPICIAL RECORDS of COLLIBR COUNTY, PL 05/11/2009 at 02:05PM DWIGHT B. BROCK, CLERK l6.n 7 61.00 COPIES 7.00 I INTERLOCAL AGREEMENT FOR BEACH MAINTENANCE THIS AGREEMENT ("Agreement"), is made and entered into this ~ day of (\ (> r \ \ , 2009, by and between Collier County, a political subdivision of the State of Florida, ("County"), the City of Marco Island, a Florida municipal corporation, ("City"), and the Hideaway Beach District, a dependent special district within the meaning of Ch. 189, Fla. Stat., ("District"). RECITALS: WHEREAS, the City of Marco Island and the Hideaway Beach District have requested that Collier County Coastal Zone Management Department ("CZM") perform beach maintenance for Hideaway Beach, and WHEREAS, the City and the District have agreed to pay CZM for these beach maintenance services. NOW, THEREFORE, it is hereby agreed that CZM shall provide beach maintenance activities as more specifically defined in this Agreement. 1. Effective Date. This Agreement shall become effective on the date signed below, and unless otherwise modified by written agreement, will end one year from the effective date. This Agreement shall be automatically renewed in one year increments unless otherwise specified in writing. 2. Termination. Each party shall have the right to terminate this Agreement with or without cause upon thirty days written notice to the other party. 3. Request for Maintenance. CZM shall provide beach maintenance services as defined below on an "as needed" basis as requested by the City or the District. The City and District shall request the work with 48 hours advance notice, except in the case of an emergency, and then the City and District shall use best efforts to contact CZM with as much notice as possible. (Attached maps define the area.) a. Beach maintenance shall include basic grooming and raking. b. The City and District shall provide legal access to the County for all beach maintenance services. The City and District shall be liable for any and all damage to any access areas provided and identified for the County's use. c. The City and District shall be responsible for the legal disposal of all beach trash whether natural or manmade. 4. Compensation. The City and District shall pay CZM for services rendered based on the Fee Schedule attached hereto as Exhibit A. Payment for services rendered or due shall be billed by CZM by the 7st day of each month and paid by the City and District in compliance with the Local Government Prompt Payment Act, Ch. 218, Fla. Stat. OR: 4451 PG: 1251 16D 7 a. CZM shall invoice the City and District as follows: 1. Work performed on an hourly basis. 2. Travel time shall be invoiced. 3. Mileage shall be charged at the prevailing rate for govenunent vehicles available on the U.S. General Services Administration website (www.gsa.gov). 5. Indemnification. Each party shall be liable for its own actions and negligence and, to the extent permitted by law, Collier County shall indemnify, defend and hold hannless the City and District against any actions, claims or damages arising out of Collier County's negligence in connection with this Agreement, and the City and District shall indemnify, defend and hold hannless Collier County against any actions, claims. or damages arising out of the City and District negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by any party to indemnify the other party for such other party's negligent, willful or intentional acts or omissions. 6. Easements. As needed, the City and District agree to process the necessary easements from the property owners fronting on the project area and to grant the same rights under those easements to the selected vendors and contractors for purposes of completing the project. 7. Notices. Any and aU notices or other communications provided for herein shall be given to the City, attention City Manager, City of Marco Island, 50 Bald Eagle Drive, Marco Island, FL 34145. Notice to the County, attention Gary McAlpin, Director Coastal Zone Management, 3300 Santa Barbara Blvd., Naples FL 34116. 8. This Agreement represents the entire agreement and understandings between the parties and there are no other agreements or understandings, oral or written, with reference to the subject matter herein. No alteration, change or modification to the terms of this Agreement shall have any force or effect unless made in writing and signed by the parties hereto. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties have caused this Beach Maintenance Interlocal i '1 Agreement to be executed this ~ day of -.lJ:pn DATED: ':)1 "6' oq ,f>.. TrEST.; DWIGHt E.,BROCK, Clerk ,2009. u4rvJ"" .'*A e~8f4>"L ~~~. Ii ~...~. Oft I · BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: !f2~ d~ DO 'A FIALA, Chairman 2 Approved as to form and legal sufficiency: l~\6 ~ 7rJ olleen M. Greene Assistant County Attorney ATTEST: ~~ ' lty Cl City Attorney (2) \ ~rV\ BLATDl Eto Printedffyped Name . --.."""".... OR: 4451 PG: 1252 16D7;'1 CITY OF MARCO ISLAND, FLORIDA By: ft~j}) $tf~ , Chaum WITNESSES: (1) .~A#J,-n ...^!~ Sl ture f--11 J~/ hurt'-- h ",I. t4 t ~ ~k Printed!fyped Name {i)'~d(C{ cA~~ , Signature -StA.JDILrl- r::;:c H('( Drlc~N Printed/fyped Name t,' ~ , Chairman 3 OR: 4451 PG: 1253 16D7 EXHIBIT "A" Collier County Coastal Zone Management Hourly Charges for Mechanical Beach Raking and Cleaning Effective the date this document is approved the standard rate per hour for mechanical beach cleaning will remain $75.00 per hour during normal business hours. Work requested before 7:00 AM or after 4:00 PM will be charged at the rate of $112.50 per hour. Work requested on Saturday, Sunday or any County Holiday will be invoiced at $150.00 per hour. This rate may be changed with a 4S Day notice to the respective parties. 1 PG:1l%P 7 125516 D I *** OR: 4451 PG: 1256 ***