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Backup Documents 02/24/2009 Item #10EORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP JOE 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 after 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 41 through 44, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date I. appropriate. (Initial) Applica ble) 2. 2/24/09 Agenda Item Number 10E 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Memorandum of Agreement Number of Original 2 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Courts Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of ate 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 BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Brandy Otero Phone Number 252 -5859 Contact appropriate. (Initial) Applica ble) Agenda Date Item was 2/24/09 Agenda Item Number 10E Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Memorandum of Agreement Number of Original 2 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST I. Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applica ble) 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 of the County Attorney. This includes signature pages from 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 possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the 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 signature and initials are required. 5. In most cases (some contracts arc 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 frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the 13CC on .. p4n, and all changes made during the i' meeting have been incorporated in the attached'document. The County Attorney's Office / jV l�U has reviewed the changes, if a licable. 'V I. Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04 JOE MEMORANDUM Date: March 4, 2009 To: Brandy Otero, Operations Analyst Trans /Stormwater Management From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Memorandum of Agreement between Collier County & FDEP Office of Coastal & Aquatic Managed Areas (LAMA) Attached you will find two (2) original agreements, referenced above, (Agenda Item #I OE), which was approved by the Board of County Commissioners on Tuesday, February 24, 2009. After forwarding to the appropriate party for signatures, please return a fully executed original to the Minutes and Records Department so it may be kept as part of the Board's permanent record. If you have any questions, please call me at 252 -8406. Thank you. Enclosure Retn: 4284991 OR; 4445 PG; 0397 RIC FEE 44.00 CLERK TO THE BOARD RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL COPIES 5.00 INTEROFFICE 4TH FLOOR 04/1712009 at 03:38FN DWIGHT B. BROCE, CLERK NISC 2.00 BIT 7240 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION 0 OFFICE OF COASTAL AND AQUATIC MANAGED AREAS and COLLIER COUNTY. FLORIDA MEMORANDUM OF AGREEMENT NUMBER Rft Q_W This MEMORANDUM OF AGREEMENT (hereinafter referred to as the AGREEMENT) as entered into between the Florida Department of Environmental Protection (hereinafter referred to as DEPARTMENT) by and through its Office of Coastal and Aquatic Managed Areas (hereinafter referred to as LAMA), and Collier County, a political subdivision of the State of Florida (hereinafter referred to as the COUNTY); WHEREAS, CAMA manages those portions of Rookery Bay National Estuarine Research Reserve (hereinafter referred to as the RBNERR) described in Lease No. 3682 from the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida; WHEREAS, the DEPARTMENT and the COUNTY have agreed to combine efforts to conduct hydrological restoration, place culverts, backfill ditches, and conduct road reconstruction for Shell Island Road (hereinafter referred to as the PROJECT); WHEREAS, the COUNTY has the experience, resources, and expertise to administer the PROJECT and the COUNTY has agreed to assume administration of the PROJECT, which includes formal quotation allowing the DEPARTMENT to piggyback Contract # 08 -5011 "Annual Contract for Underground Utility Contractor Services" in accordance with Section 35 of said contract, which provides for a competitive process and utilize the service of the lowest responsive contractor (hereinafter referred to as CONTRACTOR) for construction services of the PROJECT; WHEREAS, CAMA has secured design plans and technical specifications from Barkley Consulting Engineers, Inc. (hereinafter referred to as CONSULTANT) for the PROJECT and the COUNTY and the CONTRACTOR will construct the PROJECT in accordance with the CONSULTANT'S plans; WHEREAS, CAMA and the COUNTY may agree to undertake future improvement of Shell Island Road within and related to the scope of the original Project, this agreement may be amended to incorporate design, engineering, and construction specifications and to provide for administration of the PROJECT; WHEREAS, easements from the COUNTY, the Conservancy of Southwest Florida, the National Audubon Society, Inc., and Raymond E. Carroll, Trustee of the Bear Hammock Land Trust have been issued to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, c/o the DEPARTMENT, and authorize the DEPARTMENT and the DEPARTMENT'S heirs, successors and assigns to use certain lands to accomplish the PROJECT; WHEREAS, this AGREEMENT delegates administration of the PROJECT to the COUNTY and provides for procedures by which invoicing and payment will be made to the CONTRACTOR by the DEPARTMENT, through CAMA. MEMORANDUM OF AGREEMENT PAGE Iof5 OR; 4445 PG; 0398 IN NOW THEREFORE in consideration of the mutual covenants contained herein the DEPARTMENT and the COUNTY agree as follows: a. The PROJECT consists of demolition of the existing cross -drain structures; all cutting, filling and compacting of fills and grading required to bring the entire project area to grades specified in the technical specifications; the removal and replacement of reinforced concrete culverts allowing for surface water flow; and such further work as is outlined in the design plans and specifications, including but not limited to backfilling the existing borrow ditch, rebuilding the existing roadway with embankment material and compacted limerock, and constructing a temporary silt fence for the length of the project as per plans. b. The PROJECT is located within Rookery Bay National Estuarine Research Reserve in Collier County and is funded by U.S. Fish and Wildlife Service grant funds. The COUNTY has agreed to serve as administrator of the PROJECT and will solicit competitive formal quotations pursuant to COUNTY Purchasing Policy, evaluate such formal quotations in consultation with CAMA's Project Manager, provide onsite project management, and to assume the role of contract manager. C. The DEPARTMENT, through LAMA, agrees to provide 100% funding, not to exceed $500,000, for the PROJECT and shall provide payment for approved invoices submitted directly from the CONTRACTOR to the DEPARTMENT. The DEPARTMENT shall remit payment directly to the CONTRACTOR in accordance with the Local Government Prompt Payment Act, Florida Statutes § 218.70. The COUNTY agrees to work in conjunction with CAMA for evaluation of formal quotations, contract drafting, inspection of work to approve pay requests, and final approval and contract closure procedures. The COUNTY understands that the entirety of the construction activity must be complete by March 31, 2009 pursuant to CAMA's grant agreement. The life of the PROJECT under this AGREEMENT may be extended upon execution of any subsequent amendments to this AGREEMENT. The parties expressly agree that the provisions of this AGREEMENT shall survive and be enforceable beyond the expiration date of this AGREEMENT. 2. The COUNTY shall perform the following services for the PROJECT: The COUNTY shall be responsible for the performance of all services necessary to secure and evaluate formal quotations for construction of the PROJECT and to provide construction project management for the PROJECT pursuant to DEPARTMENT Permits. 3. The DEPARTMENT shall provide the funds to accomplish the services set forth in Paragraph 1. This AGREEMENT may be amended to incorporate future construction services within the scope of the PROJECT's plans and specifications, if determined necessary by the parties, through a separate written instrument. 4. The COUNTY shall fully administer the services set forth in Paragraph 1 and 2, above. Construction services and any additional design and permitting shall be fully administered by the COUNTY and shall follow all competitive formal quotation procedures and state, federal and local laws. CAMA shall review the formal quotations with the COUNTY prior MEMORANDUM OF AGREEMENT PAGE 2of5 OR; 4445 PG; 0399 l0E to the issuance of a contract. The contract shall be drafted with collaboration from CAMA and the DEPARTMENT's Office of General Counsel to include all state and federally mandated clauses and forms, if applicable. 5. This AGREEMENT shall become effective on the date of execution by both parties and shall terminate on March 31, 2009, unless extended for good cause upon agreement by the COUNTY and the DEPARTMENT. The Parties understand and agree that the Project shall not commence until all permits are obtained; notwithstanding the abbreviated completion date. 6. All PROJECT design changes, notices, and other future activities shall be directed to the Project Managers for written concurrence, appropriate action, or disposition as identified below: CAMA's Project Manager: Randy McCormick FDEP/Rookery Bay NERR Assistant Manager 300 Tower Road Naples, FL 34114 (239) 417 -6310 The COUNTY's Project Manager: Gerald Kurtz Road Maintenance Dept., Stormwater Principal Project Manager 2885 S. Horseshoe Drive Naples, FL 34104 (239) 252 -8192 Any formal notice arising under this AGREEEMENT to either party shall be made in writing to the Project Managers at the addresses above. Any approvals required for construction, contracting, invoicing, or payment shall be from the above -cited Project Managers and shall not be accepted from any other individual unless designated as designee. Any change in either the COUNTY or CAMA's Project Manager shall be noticed to the other party at the address listed above within ten (10) days of such change. The DEPARTMENT and COUNTY shall have joint responsibility for testing, monitoring, and post - construction activities required under permits and called for in the technical specifications. Both parties agree to be fully responsible for their own acts of negligence, or their respective agents' acts of negligence when acting within the scope of their employment, and agree to be liable for any damages resulting from said negligence to the extent permitted by Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by either the COUNTY or the DEPARTMENT. Nothing herein shall be construed as consent by the COUNTY or the DEPARTMENT to be sued by third parties in any manner arising out of this AGREEMENT. The DEPARTMENT further expressly covenants and agrees to refrain from bringing suit or proceedings at law, in equity, or administratively and, to the extent allowable by law, to indemnify and hold the COUNTY harmless, on account of any and all such claims, demands, actions or causes of action related to any acts of negligence or violations of law committed by the DEPARTMENT's contractor while working on the Project. MEMORANDUM OF AGREEMENT PAGE 3 of 5 OR; 4445 PG; 0400 10E 8. This AGREEMENT may be terminated by either party upon thirty (30) days written notice if conditions arise, such as lack of available funding, which dictates that it is in the public interest to terminate. This document embodies the whole agreement between the parties. There are no promises, terms, conditions or allegations other than those contained herein and this document shall supersede all previous communications, representations and/or agreement, whether written or verbal, between the parties hereto. This AGREEMENT may be modified only in writing executed by all parties. This AGREEMENT shall be binding upon the parties, their successors, assigns and legal representatives. 9. Prior to its effectiveness, this AGREEMENT and subsequent amendments thereto must be filed and recorded with the Clerk of the Circuit Court of Collier County. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK MEMORANDUM OF AGREEMENT PAGE 4 of 5 * ** OR; 4445 PG; 0401 * ** 10E IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers, and their officials seals hereto affixed, the day and year first above written. COLLIER COUNTY, a political Department of Environmental Protection subdivision of the State of Office of Coastal and Aquatic Managed Areas Florida By: By:_ Lee EdWiston, Director Don a Fiala Or Designee County Commission Chairman ATTEST: q Pop DWIGHT E. B#20CK, CLERK .; ATTEST: WITNESS: e "e" I . Attest ii>}.. to 101699 r ~s B By: APPROVED AS TO FORM: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: By: ff Attor Office of County Attorney MEMORANDUM OF AGREEMENT PAGE 5 of 5