Agenda 02/22/2011 Item #16F4
2/22/2011 Item 16.F.4.
Executive Summary
Recommendation to approve a Locally Funded Agreement Between Collier County and the
Florida Department of Transportation and a Resolution Authorizing the Chairman to sign
the Agreement.
OBJECTIVE: To obtain approval of a Locally Funded Agreement with the Florida Department
of Transportation ("FDOT") whereby Collier County will provide the FDOT with brick pavers
and $6,683.58 for installation at the crosswalk located at US 41 at Pelican Bay Blvd.
CONSIDERATION: The Community of Pelican Bay has been designated a dependent
Municipal Services Taxing and Benefit Unit (MSTBU), whose governing body is the Collier
County Board of County Commissioners. The Pelican Bay Services Division (PBSD) oversees
the operation of this Unit. The Community receives County Services directly from Collier
County and special, non-County services and benefits from the Pelican Bay Services Division
(PBSD), Pelican Bay property owners (both residential and commercial) tax and assess
themselves each year to pay for the special PBSD services and amenities. These PBSD funds are
collected by the County but have been administered by the PBSD Board with the assistance of a
Staff and a Manager.
Whereas the FDOT has included in its five year work program a project on US 41 at Pelican Bay
Boulevard to add pedestrian features for bicycles and extend the existing bike path to existing
pedestrian features.
Due to the development of the Community Improvement Plan (CIP) with the MSTBU the
Pelican Bay Services Division has requested that brick pavers be used in order that the crosswalk
follows the CIP adopted by the community,
FISCAL IMPACT: Funds have been budgeted in the FY 2011 budget in the amount of
$6,683.58 in the Pelican Bay MSTBU Fund 322.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this executive summary.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, is legally sufficient for Board action and only requires a majority vote-SRT.
RECOMMENDA TION: That the Board of County Commissioners approves the Locally
Funded Agreement with FDOT and the attached Resolution required by FDOT authorizing the
Chairman to sign the Agreement.
Prepared by Mary McCaughtry, Operations Analyst, Pelican Bay Services Division
Attachments: Locally Funded Agreement; Proposed Resolution.
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2/22/2011 Item 16.F.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16,F.4.
Item Summary: Recommendation to approve a Locally Funded Agreement Between
Collier County and the Florida Department of Transportation and a Resolution Authorizing the
Chairman to sign the Agreement,
Meeting Date: 2/22/2011
Prepared By
Name: McCaughtryMary
Title: VALUE MISSING
2/9/2011 1:15:11 PM
Submitted by
Title: VALUE MISSING
Name: McCaughtryMary
2/9/2011 1 :15:12 PM
Approved By
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 2/9/2011 4: 17:55 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2110/2011 1:42:55 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 2/14/2011 10:36:17 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 2/14/2011 10:44:05 AM
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2/22/2011 Item 16.F.4.
FPID PROJECT #42741015201
LOCALL Y FUNDED AGREEMENT
BETWEEN
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
COLLIER COUNTY
This is an Agreement between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION (hereinafter, "DEPARTMENT") and COLLIER COUNTY, FLORIDA as
the governing body of the Pelican Bay Municipal Service Taxing and Benefit Unit (hereinafter,
"COUNTY") for the COUNTY to provide the DEP AR TMENT with a lump sum amount for
brick pavers crosswalk installation on US 41 at Pelican Bay Boulevard North,
WITNESSETH
A. WHEREAS, the DEPARTMENT has included in its Five Year Work Program a project on
US 41 @ Pelican Bay Boulevard to add pedestrian features for bicycles and extend the
existing bike path to existing pedestrian features; and
B. WHEREAS, the COUNTY requested that the DEPARTMENT install a brick paver
crosswalk on US 41 at Pelican Bay Blvd N (hereinafter, the "PROJECT'); and
C. WHEREAS, the DEPARTMENT and COUNTY desire to enter into this Lump Sum Non~
reimbursable Locally Funded Agreement to set forth the terms and conditions upon which
COUNTY shall provide funding for PROJECT; and
D. WHEREAS, the COUNTY, by Resolution dated the _ day of .2011, a
copy of which is attached hereto and made a part hereof, has authorized the Chairperson or
desjgnee to enter into this Agreement.
NOW THEREFORE, in consideration of the mutual benefits to be derived from joint
participation in this Agreement, the parties agree as follows:
1. The COUNTY agrees that it will furnish the DEPAR1MENT with a lump sum non-
refundable deposit in the amount of SIX THOUSAND SIX HUNDRED EIGHTY.
THREE DOLLARS AND FIFTY-EIGHT CENTS ($6,683.58) upon execution of this
Agreement.
2. The COUNTY will provide brick pavers to the DEP AR TMENT' s contractor for installation.
3. All deposits shall be made to the Department of Transportation and mailed as follows:
Florida Department of Transportation
OOC-GAG, LFA Section
605 Suwannee Street, MS42B
Tallahassee, Florida 32399
A copy shall be sent to:
Karen Miracola, District One
District One LFA IJPA Coordinator
Florida Department of Transportation
10041 Daniels Parkway, Fort Myers, Florida 33913
4, The DEPARTMENT shall provide any additional funding to complete the PROJECT.
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2/22/2011 Item 16.F.4.
FPID PROJECT #428126 1 S2 01
LFA: PELICAN BAY
Page 2 of3
5. Failure of the COUNTY to deposit said amount shall be grounds for termination of this
Agreement.
6. The DEPARTMENT and the COUNTY agree that the payment shall be an asset of the
DEP AR TMENT and that is constitutes a full and final payment for the cost of the work,
without any requirement for a subsequent accounting for the use of the payment.
7, This Agreement shaH continue in effect and be binding on the parties until the PROJECT is
completed. However, the COUNTY's obligation to maintain the PROJECT after
completion shall survive the term of this Agreement.
8. All tracings, plans, specifications, maps and/or reports prepared or obtained under this
Agreement shall be considered works made for hire and shall become the property of the
DEPARTMENT without restriction or limitation on their use,
9, The DEPARTMENT shall not be obligated or liable hereunder to any party other than the
COUNTY.
10. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of
competent jurisdiction or by any other legally constituted body having the jurisdiction to
make such determination, the remainder of this Agreement shall remain in full force and
effect provided that the part of this Agreement thus invalidated or declared unenforceable is
not material to the intended operation of this Agreement.
11. This document incorporates and includes aU 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 tems hereof sha1l be predicated upon any prior
representations 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 and executed by both parties,
Rest of this page intentionally left blank.
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2/22/2011 Item 16.F.4.
FPID PROJECT #41741015201
LFA: PELICAN BAY SERVICES DIVISION
Page 3 00
IN WITNESS WHEREOF, COLLIER COUNTY has caused this Agreement to be executed in
its behalf through its Chairperson or its designee, as authorized by Resolution Number
, 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
ATIEST
BOARD OF COUNTY COMMISSIONERS
CHAIRPERSON OR DESIGNEE
CLERK
(SEAL)
DATE
PRINT NAME
DATE
Approved as to form and legal sufficiency:
. O?~
) :l' p~ 'hi e.. '4~ ~
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ATTEST
BY:
EXECUTIVE SECRETARY
(SEAL)
DISTRICT SECRETARY OR DESIGNEE
DISTRICT ONE
PRINT NAME
DATE
PRINT NAME
DATE
FLA. DEPT, OF TRANS, LEGAL REViEW:
BY:
DATE
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2/22/2011 Item 16.F.4.
RESOLUTION NO. 2011 -
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, APPROVING AND AUTHORIZING ITS CHAIRMAN TO,
EXECUTE THE ATTACHED LOCALLY FUNDED AGREEMENT WITH THE STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION REGARDING THE
INSTALLATION OF BRICK PAVERS ON D,S. 41 AT PELICAN BAY BOULEVARD
NORTH (FPID PROJECT # 4274101 5201).
WHEREAS, the State of Florida Department of Transportation (FDOT) and Collier
County, Florida (the "County") wish to enter into a Locally Funded Agreement ("LFA") to
install brick pavers at the crosswalk on U.S. 41 at Pelican Bay Boulevard North identified as
FPID Project #427410 1 5201; and
WHEREAS, FDOT requires the County to provide a resolution memorializing and
confirming the County's affirmative vote approving the LFA and authorizing its Chairman to
execute the agreement; and
WHEREAS, the Collier County Board of County Commissioners fmds that it is in the
public interest to install brick pavers at the crosswalk on D,S, 41 at Pelican Bay Boulevard North
and enter into the LF A.
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 aforementioned Locally Funded Agreement with FDOT.
2, A certified copy of this Resolution shall be forwarded to FDOT along with the
Locally Funded Agreement for execution by FDOT.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring
same, this 220d day of February, 2011.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
FRED W. COYLE, Chairman
Approved as to form and legal ~ency:
(fii)
Scott R. Teach,
Deputy County Attorney
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