Resolution 2016-189 RESOLUTION NO. 2016 - 1 8 9
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, APPROVING, AND AUTHORIZING ITS
CHAIRMAN TO EXECUTE AN AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION PROVIDING FUNDING FOR THE
COUNTY TO UNDERTAKE THE SIGNAL TIMING PROJECT KNOWN AS
THE COLLIER TMC OPS FUND COUNTY WIDE PROJECT.
WHEREAS, the State of Florida Department of Transportation (FDOT) and Collier
County, Florida ("Collier County") wish to enter into Department Funded Agreement, Financial
Management No. 437103-1-88-01 (the "Agreement"), to assist and fund the County with
monitoring and implementing signal timing changes along regionally significant corridors; and
WHEREAS, FDOT agrees to reimburse the County for performing the services set forth
in the Agreement in a satisfactory manner the annual amount of$60,750 for State Fiscal Year
2017, and $81,000.00 for State Fiscal Years 2018 through 2021, for a total amount of
$384,750.00; and
WHEREAS, Collier County finds that entering into the Agreement is proper and it is in
the public interest to enter into the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that:
1. The Board of County Commissioners approves, and authorizes its Chairman to sign, the
attached Department Funded Agreement.
2. The Collier County Clerk is directed to forward a certified copy of this Resolution to
FDOT along with the Department Funded Agreement for execution by FDOT.
3. This Resolution shall take effect immediately upon adoption.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring
same,this , '"` day of September, 2016.
ATTEST:. BOARD OF COUNTY COMMISSIONERS
DWIGHT E: BROCK, Clerk OF COLLIER COUNTY, FLORIDA
By PC, • By: 4/14/12 j-46;&
Attest as to l t puty Clerk 'Donna Fiala, Chairman
signature only.,
a roved as o form and legality:
Scott R. Teach,
Deputy County Attorney
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Financial Management No.: Fund: DS Function: 306 FLAIR Approp: 088866
437103-1-88-01 FLAIR Obj.: 131512
Agency: Collier County Contract Amount: $384,750.00 Org.Code: 55014060162
Contract No: Vendor No.: F596000558003
DEPARTMENT FUNDED AGREEMENT
BETWEEN
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
COLLIER COUNTY
This Agreement, made and entered into this day of , 2016, by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an executive
agency of the State of Florida, (hereinafter referred to as the DEPARTMENT) and COLLIER
COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as the COUNTY),
WITNESSETH:
WHEREAS, the Parties have been granted specific Legislative Authority to enter into this
Agreement pursuant to Section 339.12, Florida Statutes; and
WHEREAS, the COUNTY can benefit substantially through improved traffic signal
operations; and
WHEREAS, the DEPARTMENT will provide operations funding on an annual basis, to
assist the COUNTY with monitoring and implementing signal timing changes along regionally
significant corridors in the Region as determined by the COUNTY and the DEPARTMENT;
WHEREAS, the COUNTY by Resolution No. 24::.‘ to - 153 , dated the day of
S� oe� Z , 2016 a copy of which is attached hereto and made a part hereof, has authorized
its Chairman or designee to execute this Agreement on its behalf
WHEREAS, the DEPARTMENT is prepared, in accordance with its Five Year Work
Program, to undertake the Project described as the "Collier TMC OPS Fund County Wide", from
Fiscal Year 2017 to Fiscal Year 2021 under FM #: 437103-1-88-01, hereinafter referred to as the
"Project"; and
WHEREAS, the Project is on the State Highway System, is not revenue producing and is
contained in the adopted Five Year Work Program; and
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WHEREAS, the implementation of the Project is in the interests of both the
DEPARTMENT and the COUNTY and it would be most practical, expeditious, and economical for
the COUNTY to perform the services to complete the Project.
WHEREAS, the intent of this Agreement is to establish the terms and conditions of the
funding and the production of this Project; and
NOW, THEREFORE, in consideration of the mutual objective to efficiently operate the
surface transportation network and benefits to be derived from the joint participation of this
Agreement, the parties agree as follows:
1. TERM
A. The term of this Agreement shall begin upon the date of signature of the last party to
sign. The COUNTY agrees to complete the Project by June 30th, 2021, in accordance with the
schedule described and contained in Exhibit "C" attached hereto. If the COUNTY does not
complete the Project within the time period allotted, this Agreement will expire on the last day of
the scheduled completion, as provided in this paragraph unless an extension of the time period is
requested by the COUNTY and granted in writing by the DEPARTMENT prior to the expiration of
the Agreement. Expiration of this Agreement will be considered termination of the Project. After
the Project is complete, the term of this Agreement shall continue in effect and be binding on the
parties in perpetuity for maintenance responsibilities of the COUNTY.
2. SERVICES AND PERFORMANCES
A. The COUNTY shall furnish the services to construct the Project. The COUNTY shall
perform all other necessary work to complete the Project, as specified in Exhibit "A", Scope of
Services attached hereto and by this reference made a part hereof. Nothing herein shall be construed
as requiring the COUNTY to perform any activity which is outside of the scope of services of the
Project.
B. The COUNTY shall be responsible for obtaining clearances/permits required for the
implementation of the Project from the appropriate permitting authorities.
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C. The DEPARTMENT will be entitled at all times to be advised, at its request, as to
the status of work being done by the COUNTY and of details thereof Coordination shall be
maintained by the COUNTY with representatives of the DEPARTMENT.
3. COMPENSATION AND REIMBURSEMENT
A. The Department agrees to compensate the COUNTY for services described in Exhibit A —
Scope of Services. The Method of Compensation is included as Exhibit B.
B. The COUNTY shall provide quantifiable, measurable, and verifiable units of deliverables.
Each deliverable must specify the required minimum level of service to be performed and
the criteria for evaluating successful completion. The Project, identified as Project Number
437103-1-88-01, and the quantifiable, measurable, and verifiable units of deliverables are
described more fully in Exhibit A— Scope of Services. (Section 287.058(1)(d) and(e), F.S.)
C. Invoices shall be submitted by the COUNTY on an annual basis upon successful completion
of performance and shall be in detail sufficient for a proper pre-audit and post audit based on
the quantifiable, measurable and verifiable units of deliverables as established in Exhibit A—
Scope of Services. Deliverables must be received and accepted in writing by the
DEPARTMENT's Project Manager prior to payments. (Section 287.058 (1)(a), F.S.)
D. Supporting documentation submitted by the COUNTY must establish that the deliverables
were received and accepted in writing by the DEPARTMENT and must also establish that
the required minimum level of service to be performed based on the criteria for evaluating
successful completion as specified in Exhibit A— Scope of Services was met.
E. There shall be no reimbursement for travel expenses under this Agreement.
F. Payment shall be made only after receipt and approval of services. If the DEPARTMENT
determines that the performance of the COUNTY is unsatisfactory, the DEPARTMENT shall
notify the COUNTY of the deficiency to be corrected, which correction shall be made within
a time-frame to be specified by the DEPARTMENT. The COUNTY shall, within thirty (30)
days after notice from the DEPARTMENT, provide the DEPARTMENT with a corrective
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action plan describing how the COUNTY will address all issues of contract non-
performance, unacceptable performance, failure to meet the minimum performance levels,
deliverable deficiencies, or contract non-compliance. If the corrective action plan is
unacceptable to the DEPARTMENT, the COUNTY shall be assessed a non-performance
retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the
invoice for the then-current billing period. The retainage shall be withheld until the
COUNTY resolves the deficiency. If the deficiency is subsequently resolved, the COUNTY
may bill the DEPARTMENT for the retained amount during the next billing period. If the
COUNTY is unable to resolve the deficiency, the funds retained may be forfeited at the end
of the Agreement's term. (Section 287.058(1)(h), F.S.)
G. The COUNTY providing services to the DEPARTMENT should be aware of the following
time frames. Inspection and approval of services shall take no longer than 5 working days
unless contract specifies otherwise. (Any deviations should be referenced in the agreement
or an addendum in accordance with Section 2.1.) The DEPARTMENT has 20 days to
deliver a request for payment (voucher) to the DEPARTMENT of Financial Services. The
20 days are measured from the latter of the date the invoice is received or the goods or
services are received, inspected, and approved. (Section 215.422(1), F.S.
H. If a payment is not available within 40 days, a separate interest penalty at a rate as
established pursuant to Section 55.03(1), F.S., will be due and payable, in addition to the
invoice amount, to the COUNTY. Interest penalties of less than one (1) dollar will not be
enforced unless the COUNTY requests payment. Invoices that have to be returned to a
COUNTY because of COUNTY preparation errors will result in a delay in the payment. The
invoice payment requirements do not start until a properly completed invoice is provided to
the DEPARTMENT. (Section 215.422(3)(6), F.S.)
I. A Vendor Ombudsman has been established within the DEPARTMENT of Financial
Services. The duties of this individual include acting as an advocate for COUNTY who may
be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor
Ombudsman may be contacted at (850) 413-5516 or by calling the Division of Consumer
Services at 1-877-693-5236. (Section 215.422(5) and(7), F.S.) e-\
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J. Records of costs incurred under the terms of this Agreement shall be maintained and made
available upon request to the DEPARTMENT at all times during the period of this Agreement
and for a minimum of five years after final payment is made. Copies of these documents and
records shall be furnished to the DEPARTMENT upon request. Records of costs incurred
include the COUNTY's general accounting records and the project records, together with
supporting documents and records, of the contractor and all subcontractors performing work
on the project, and all other records of the Contractor and subcontractors considered
necessary by the DEPARTMENT for a proper audit of costs. (Section 287.058(4), F.S.)
K. In the event this contract is for services in excess of$25,000.00 and a term for a period of
more than 1 year, the provisions of Section 339.135(6)(a), F.S., are hereby incorporated:
"The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability,
or enter into any contract which, by its terms, involves the expenditure of money in excess
of the amounts budgeted as available for expenditure during such fiscal year. Any contract,
verbal or written, made in violation of this subsection is null and void, and no money may
be paid on such contract. The DEPARTMENT shall require a statement from the
Comptroller of the DEPARTMENT that such funds are available prior to entering into any
such contract or other binding commitment of funds. Nothing herein contained shall prevent
the making of contracts for periods exceeding 1 year, but any contract so made shall be
executory only for the value of the services to be rendered or agreed to be paid for in
succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of
the DEPARTMENT which are for an amount in excess of $25,000.00 and which have a
term for a period of more than 1 year."
L. The DEPARTMENT's obligation to pay is contingent upon an annual appropriation by the
Florida Legislature and funds are made available to DEPARTMENT. (Section 216.311,
F.S.)
M. The COUNTY shall:
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1. Utilize the U.S. DEPARTMENT of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the COUNTY during the term of
the contract; and
2. Expressly require any contractors and subcontractors performing work or providing
services pursuant to the state contract to likewise utilize the U.S. DEPARTMENT of
Homeland Security's E-Verify system to verify the employment eligibility of all new
employees hired by the subcontractor during the contract term. (2011Executive
Order Number 11-116)
4. COMPLIANCE WITH LAWS
A. The COUNTY shall allow public access to all documents, papers, letters, or other
material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
COUNTY in conjunction with this Agreement. Failure by the COUNTY to grant such public access
shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT.
B. The COUNTY shall comply with all federal, state and local laws and ordinances
applicable to the work or payment for work thereof. The COUNTY shall not discriminate on the
grounds of race, color, religion, sex or national origin in the performance of work under this
Contract.
C. No funds received pursuant to this Agreement may be expended for lobbying the
Legislature, the judicial branch, or a state agency.
D. The COUNTY and the DEPARTMENT agree that the COUNTY, its employees, and
subcontractors are not agents of the DEPARTMENT as a result of this Contract.
5. TERMINATION AND DEFAULT
A. This Agreement may be cancelled by the DEPARTMENT in whole or in part at any
time the interest of the DEPARTMENT requires such termination. The DEPARTMENT also
reserves the right to seek termination or cancellation of this Agreement in the event the COUNTY
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shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves
the right to terminate or cancel this Agreement in the event an assignment is made for the benefit of
creditors. This contract may be cancelled by the COUNTY upon sixty (60) days written notice to
the DEPARTMENT.
B. If the DEPARTMENT determines that the performance of the COUNTY is not
satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the
Agreement, or (b) notifying the COUNTY of the deficiency with a requirement that the deficiency
be corrected within a specified time, otherwise the Agreement will be terminated at the end of such
time, or(c) taking whatever action is deemed appropriate by the DEPARTMENT.
C. If the DEPARTMENT requires termination of the Agreement for reasons other than
unsatisfactory performance of the COUNTY, the DEPARTMENT shall notify the COUNTY of
such termination, with instructions to the effective date of termination or specify the stage of work
at which the Agreement is to be terminated.
D. If the Agreement is terminated before performance is completed, the COUNTY shall
be paid only for that work satisfactorily performed for which costs can be substantiated. Such
payment, however, may not exceed an amount which is the same percentage of the contract price as
the amount of work satisfactorily completed is a percentage of the total work called for by this
Agreement. All work in progress will become the property of the DEPARTMENT and will be
turned over promptly by the COUNTY.
6. MISCELLANEOUS
A. All words used herein in the singular form shall extend to and include the plural. All
words used in the plural form shall extend to and include the singular. All words used in any gender
shall extend to and include all genders.
B. The DEPARTMENT shall not be obligated or liable hereunder to any party other
than the COUNTY.
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C. In no event shall the making by the DEPARTMENT of any payment to the
COUNTY constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant
or any default which may then exist, on the part of the COUNTY, and the making of such payment
by the DEPARTMENT while any such breach or default shall exist shall in no way impair or
prejudice any right or remedy available to the DEPARTMENT with respect to such breach or
default.
D. This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the matters contained herein, and the
parties agree that there are no commitments, agreements or understandings concerning the subject
matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no
deviation from the terms hereof shall be predicated upon any prior representation or agreements
whether oral or written. It is further agreed that no modification, amendment or alteration in the
terms or conditions contained herein shall be effective unless contained in a written document
executed with the same formality and of equal dignity herewith.
E. All tracings, plans specifications, maps, models, reports, or other work product
prepared or obtained under this Agreement shall be considered works made for hire for the
DEPARTMENT and the COUNTY and shall at all times be and remain the property of the
DEPARTMENT and the COUNTY without restriction or limitation on their use.
F. This Agreement shall be governed by and interpreted in accordance with the laws of
the State of Florida. Any provision herein determined by a court of competent jurisdiction, or any
other legally constituted body having jurisdiction, to be invalid or unenforceable shall be severable
and the remainder of this Agreement shall remain in full force and effect, provided that the
invalidated or unenforceable provision is not material to the intended operation of this Agreement.
G. This Agreement shall be effective upon execution by both parties and shall continue
in effect and be binding on the parties until the Project is completed, any subsequent litigation is
complete and terminated, final costs are known, and legislatively appropriated reimbursements, if
approved, are made by the DEPARTMENT. The DEPARTMENT may, at any stage, amend or
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terminate the Project in whole or in part if the DEPARTMENT determines that such action is in the
best interest of the public. However, the COUNTY's obligation to maintain the PROJECT after
completion shall survive the term of this Agreement.
H. PUBLIC ENTITY CRIME INFORMATION AND ANTI-DISCRIMINATION
STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact business
with any public entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the
convicted vendor list. An entity or affiliate who has been placed on the discriminatory vendor list
may not submit a bid on a contract to provide any goods or services to a public entity, may not
submit a bid on a contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to a public entity, may not be awarded
or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity.
L All notices required pursuant to the terms hereof shall be sent by First Class United
States Mail. Unless prior written notification of an alternate address for notices is sent, all notices
shall be sent to the following addresses:
Florida Department of Transportation Collier County
David Gwynn Anthony Khawaja
District Traffic Operations Engineer Chief Traffic Operations Engineer
801 N. Broadway Ave Bartow, FL 33830 2885 S Horseshoe Dr., Naples, FL 34104
K. Exhibits A, B, and C are attached hereto and incorporated by reference.
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IN WITNESS WHEREOF, COLLIER COUNTY has caused this Agreement to be executed in its
behalf, by the Chairman or its Designee, and the FLORIDA DEPARTMENT OF
TRANSPORTATION has caused this Agreement to be executed in its behalf through its District
Secretary or authorized Designee: This Agreement shall become effective on:
Department to enter date
COLLIER COUNTY, FLORIDA
ATTEST: •
19- __OUP4Ir t D-
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u+`E*ERK,,,: 4L, ch,i , ares. (SEAL) CHA RMAN OR DESIGNEE
BOARD OF COUNTY COMMISSIONERS
signature only.
C1-3 -1 mbcrona ,c5S.0- ,L.0
DATE PRINT NAME DATE
1' COUNTY LEGAL
REVIE :
• L_
_ 4-1
t 4y c I DATE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ATTEST
BY:
EXECUTIVE SECRETARY (SEAL) DISTRICT SECRETARY OR DESIGNEE
DISTRICT ONE
PRINT NAME DATE PRINT NAME DATE
AVAILABILITY OF FUNDS APPROVAL:
FLA. DEPT. OF TRANS. LEGAL
REVIEW:
BY:
DATE DATE
EXHIBIT "A"
SCOPE OF SERVICES
Financial Management Number: 437103-1-88-01
COLLIER TMC OPS FUND COUNTY WIDE
1. The COUNTY agrees to follow the policies and procedures as outlined in the Collier
County Traffic Management Center(TMC) Operations Manual dated December 23, 2015
and any subsequent amendments thereto.
2. The COUNTY agrees to continue to document and report quarterly (the first report due
on or before December 31, 2016, followed by reports on or before March 31, June 30 and
September 30 of each year) on measures of effectiveness identified in the "Collier
County Traffic Management Center Quarterly Dashboard," substantially conforming to
the attached dashboard, which may be modified from time to time by mutual agreement
of the parties.
3. The COUNTY will monitor and implement signal timing changes, if necessary, along
regionally significant corridors as determined by the COUNTY and the DEPARTMENT
during the regular TMC operating hours. The need for implementing the signal timing
changes in response to an incident or a non-recurring congestion or any other unplanned
event will be determined by and the implementation will be performed under the direct
supervision of a Professional Engineer licensed in the State of Florida
4. The COUNTY will monitor and implement signal timing changes for planned events as
determined by the COUNTY and the DEPARTMENT.
5. The COUNTY will provide data to the DEPARTMENT, on a quarterly basis, from the
traffic data collection devices connected to the TMC and as identified in the Collier
County TMC Operations Manual. The COUNTY shall provide the DEPARTMENT with
any and all reports or other documents from this project.
6. The COUNTY will, during the regular TMC operating hours, coordinate with the District
1 DEPARTMENT interstate operations staff to monitor signals and implement signal
timing changes related to interstate operations for active arterial management.
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EXHIBIT "B"
METHOD OF COMPENSATION
Financial Management Number: 437103-1-88-01
COLLIER TMC OPS FUND COUNTY WIDE
This is a cost reimbursement agreement. This exhibit forms an integral part of the Agreement
between the State of Florida, Department of Transpiration and Collier County referenced by the
above Financial Project Number.
By and through this Department Funded Agreement with COLLIER COUNTY, the
DEPARTMENT agrees to reimburse the COUNTY up to, but not to exceed $60,750.00 (Sixty
Thousand-Seven Hundred and Fifty Dollars) annually for fiscal year 2017 and $81,000.00
(Eighty One Thousand Dollars) annually from fiscal years 2018-2021 in the total amount of
$384,750.00 (Three Hundred Eighty Four Thousand-Seven Hundred and Fifty Dollars).
For the satisfactory performance of services detailed in Exhibit "A" the COUNTY shall be paid
the annual amounts shown below:
$60,750 (Prorated Amount) from Fiscal Year 2017
$81,000 from Fiscal Year 2018
$81,000 from Fiscal Year 2019
$81,000 from Fiscal Year 2020
$81,000 from Fiscal Year 2021
The COUNTY shall not provide services that exceed the Fiscal Year amount(s) without an
approved Amendment from the Department.
PROGRESS PAYMENTS:
The COUNTY shall submit annual invoices (3 copies) in a format acceptable to the Department,
30 days prior to the end of each fiscal year.
Invoices shall be submitted to: Florida Department of Transportation
David Gwynn
801 North Broadway Avenue
Bartow, FL 33830
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EXHIBIT "C"
ESTIMATED PROJECT PRODUCTION SCHEDULE
Financial Management Number: 437103-1-88-01
COLLIER TMC OPS FUND COUNTY WIDE
• Contract to be awarded by: September 27, 2016
• Contract to be completed by: June 30th, 2021
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