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Resolution 2006-025 RESOLUTION NO. 2006----1...L A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING A COUNTY INCENTIVE GRANT PROGRAM (CIGP) AGREEMENT AND A MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO FACILLITATE FUNDING THE PROJECT DEVELOPMENT AND ENVIRONMENT (PD&E) STUDY FOR SR 82 FROM THE LEE COUNTY LINE TO SR 29. WHEREAS, Collier County along with Lee County submitted applications for County Incentive Grant funds with the State of Florida Department of Transportation (the "State") to help offset the total cost of the SR 82 PD&E study from 1-75 to SR 29, which was estimated to cost $3,000,000; and WHEREAS, the State approved the application for grant funds submitted by Collier . and Lee County and awarded half of the funding needed for the SR 82 PD&E study from 1-75 to SR 29 for a total amount of $1,500,000; and WHEREAS, as a result of such funding, Lee County is advancing $1,000,000 as its portion of the PD&E study, which leaves Collier's funding portion for the study at the amount of $500,000; and WHEREAS, the Board finds that it is in the public interestfor the County to enter into the County Incentive Grant Program Agreement and the Memorandum of Agreement for the above reasons and pursuant to the terms and conditions contained in those Agreements. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners approves the County Incentive Grant Program Agreement and the Memorandum of Agreement and authorizes its chairman, Frank Halas, to execute both Agreements. A copy of this Resolution will be forwarded to FOOT along with the executed Agreements. This Resolution adopted after motion, second and majority vote favoring same, this 14th day of February, 2006. ATTES:r,:;r.'oX~;.>.. DWIGltt'E.'B~tK;Clerk . ~?<0:>': ,,;>;;.~\ /{)e " ii/,,'~""'W' ~~':~~~7~~~\ ~" ~ (' I .. "'~1 . ,'.... J. ",,': l' ' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA By: ~>~~/ FRANK HALAS, Chairman B ,.(~L- cott R. Teach, Assistant County Attorney 2 Catalog of State Financial Assistance No. 55.008 Financial Project No.:_419950 2 22 01 COUNTY:_ COLLIER STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COUNTY INCENTIVE GRANT PROGRAM AGREEMENT (FDOT Letting) This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORT A nON, hereinafter referred to as the "DEPARTMENT", and COLLIER COUNTY, hereinafter referred to as the "COUNTY". WITNESSETH WHEREAS, the DEPARTMENT has the authority, under Section 334.044, Florida Statutes, to enter into this Agreement; and WHEREAS, the County Incentive Grant Program has been created by Section 339.2817, Florida Statutes, to provide grants to counties to improve a transportation facility which is located on the State Highway System or which relieves traffic congestion on the State Highway System; and WHEREAS, the COUNTY has certified to the DEPARTMENT that it has met the cligibility requirements of said Section 339.2817, Florida Statutes; and WHEREAS, the DEPARTMENT is willing to provide the COUNTY with financial assistance under Financial Project No. 419950 2 22 01 for SR 82 from Hendry County Line to SR ~9 PD&E Study, hereinafter referred to as the PROJECT, in accordance with Section 339.2817, Florida Statutes; and WHEREAS, the COUNTY by Resolution No. 2006- dated the 14th day of :'c:hruarv, 2006, a copy of which is attached hereto and made a part hereof, has authorized the Chaimlan of its Board of Commissioners to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promtses, and representations contained herein, the parties agree as follows: The PROJECT consists of SR 82 from Hendry County Line to SR 29 PD&E Study. The COUNTY agrees to participate in the PROJECT in the amount of FIVE j 1 '?\DREDTHOUSAND DOLLARS AND NOll 00 DOLLARS ($500,000.00). This amount to be '-'posited by the COUNTY, within thirty (30) days of the execution of this Agreement, in an escrow "ceount in the name of the Florida Department of Transportation with the Department of Financial ',en'ices, Division of Treasury and in accordance with the terms and conditions of the Memorandunl ,j \greement executed by the DEPARTMENT, the COUNTY and the Department of Financial < ~l'\iees and by this reference made a part of this Agreement as though fully set forth herein. Interest from the account is to be left in the account to cover future deficiencies. All deposits shall be made to the Department of Financial Services, Revenue Processing and mailed to the Florida Department of Transportation for processing as follows: Florida Department of Transportation Office of the Comptroller 605 Suwannee Street Mail Station 42 B Tallahassee, FL 32399 Attention: LF A Section Failure of the COUNTY to deposit said amount within the time frame specified above shall be grounds for termination of this Agreement. 3. The DEPARTMENT, after receiving the funds from the COUNTY, in accordance with paragraph I, hereinabove, will advertise the PROJECT for bid. 4. a) If the accepted bid amount plus allowances is in excess of the advance deposit amount, the COUNTY will provide an additional deposit within fourteen (14) calendar days of notification from the DEPARTMENT or prior to posting of the accepted bid, whichever is earlier, so that the total deposit is equal to the bid amount plus allowances. The DEPARTMENT will notifY the COUNTY as soon as it becomes apparent the accepted bid amount plus allowances is in excess of the advance deposit amount; however, failure of the DEPARTMENT to so notifY the COUNTY shall not relieve the COUNTY from its obligation to pay for its full participation on final accounting as provided herein below. If the COUNTY cannot provide the additional deposit within fourteen (14) days, a letter must be submitted to and approved by the DEPARTMENT's project manager indicating when the deposit will be made. The COUNTY understands the request and approval of the additional time could delay the PROJECT, and additional costs may be incurred due to a delay of the PROJECT. b) If the accepted bid amount plus allowances is less than the advance deposit amount, the DEPARTMENT will refund the amount that the advance deposit exceeds the bid amount plus allowances if such refund is requested by the COUNTY in writing. c) Should PROJECT modifications occur that increase the COUNTY's share of total PROJECT costs, the COUNTY will be notified by the DEPARTMENT accordingly. The COUNTY agrees to provide, without delay, in advance of the additional work being preformed, adequate funds to insure that cash on deposit with the DEPARTMENT is sufficient to fully fund its share of the PROJECT. The DEPARTMENT shall notifY the COUNTY as soon as it becomes apparent the actual costs will overrun the award amount; however, failure of the DEPARTMENT to so notifY the COUNTY shall not relieve the COUNTY from its obligation to pay for its full participation on final accounting as provided herein below. d) Upon final payment to the Contractor, the DEPARTMENT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred sixty (360) days of that final payment. All PROJECT cost records and accounts shall be subject to audit by a representative of the COUNTY for a period of three (3) years after final close out of the PROJECT. The COUNTY will be notified of the final cost. Both parties agree that in the event the final accounting of total PROJECT costs pursuant to the terms of this agreement is less than the total deposits to date, a refund of the excess will be made by the DEPARTMENT to the COUNTY. e) In the event said final accounting of total PROJECT costs is greater than the total deposits to date, the COUNTY will pay the additional amount within forty (40) calendar days from the date of the invoice from the DEPARTMENT. The COUNTY agrees to pay interest at a rate as established pursuant to Section 55.03, F.S. on any invoice not paid within forty (40) calendar days until the invoice is paid. 5. The DEPARTMENT agrees to provide project schedule progress reports to the COUNTY in the standard format used by the DEPARTMENT and at intervals established by the DEPARTMENT. The COUNTY will be entitled at all times to be advised, at its request, as to the status of work being done by the DEPARTMENT and of the details thereof. Either party to the Agreement may request and be granted a conference. 6. 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. 7. 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 shaH require a statement from the ComptroHer of the o EP AR TMENT that 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 one year, but any contract so made shaH be executory only for the value of the services to he rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation hy the Legislature. 8. The DEPARTMENT shall not be obligated or liable hereunder to any party other than the COUNTY. 9. Unless otherwise specificaHy stated herein, this Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 10. All notices under this Agreement shall be directed to the following: 3 TO DEPARTMENT: Dick Combs Deputy Director of Transportation Development Florida Department of Transportation P.O. Box 1249 Bartow, Florida 33831-1249 TO COUNTY: Donald Scott Collier County Transportation Planning Collier County 2885 S. Horseshoe Drive Naples, Florida 34104 II. 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. 12. To the extent allowed by Section 768.28, Florida Statutes, the COUNTY hereby agrees to indemnifY, defend, save and hold harmless the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liabilities of any nature whatsoever arising out of, because of, or due to breach of this Agreement by the COUNTY, its officers, agents, employees, contractors/subcontractors, consultants/subconsu1tants or due to any negligent act or occurrence of omission or commission of the COUNTY, its officers, agents, employees; contractors/subcontractors, consultants/subconsu1tants. Neither COUNTY nor any of its officers, agents, employees, contractors/subcontractors, consultantslsubconsu1tants will be liable under this section for the negligence of the DEPARTMENT or any of its officers, agents or employees. 13. The term of this Agreement commences upon execution by both parties and shall continue in effect and be binding on the parties until the PROJECT is completed and accepted, final costs are known and all payments from the COUNTY are made to the DEPARTMENT. 14. This Agreement 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 docunlent. Accordingly, it is agreed that no deviation from the terms hereof shall 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 docunlent executed with the same formality and of equal dignity herewith. 4 IN WITNESS WHEREOF the COUNTY has caused this Joint Project Agreement to be executed in its behalf this 14th day of Februarv. 2006, by the Chairperson of the Board of Commissioners, authorized to enter into and execute same by Resolution Nunlber 2006- of the Board on the 14th dayof February, 2006, and the DEPARTMENT has executed this Joint Project Agreement through its District Secretary for District One, Florida Department of Transportation, this _ day of , 2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA STATE OF FLORIDA DEPARTMENT OF TRANSPORTAnON By: .~?- ~_... Frank Halas, Chairman By: DISTRICT SECRETARY or DESIGNEE ATTEST: By: (Seal) EXECUTIVE SECRET AR Y By: Scott Teach, Assistant County Attorney Legal Review: By: DISTRICT LEGAL COUNSEL 5 MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this 14th, day of Februarv. 2006, by and between the State of Florida, Department of Transportation, hereinafter referred to as "FDOT" and the State of Florida, Department of Financial Services, Division of Treasury and Collier County, hereinafter referred to as the "Participant". WITNESSETH WHEREAS, "FDOT" is currently constructing the following project: Financial Project Nunlber:419950 2 22 01 County:Collier hereinafter referred to as the "Project". WHEREAS, FDOT and the Participant entered into a Locally Funded Agreement dated Februarv 14. 2006, wherein DOT agreed to perform certain work on behalf of the Participant in conjunction with the Project. WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best interest of the FDOT and the Participant to establish an interest bearing escrow account to provide funds for the work performed on the Project on behalf of the Participant by the FDOT. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following: 1. An initial deposit in the amount of $500,000.00 (FIVE HUNDRED THOUSAND DOLLARS NO/100 DOLLARS) will be made by the Participant into an interest bearing escrow account established by the FDOT for the purposes of the project. Said escrow account will be opened with the Department of Financial Services, Division of Treasury, Bureau of Collateral Management on behalf of the FDOT upon receipt of this Memorandunl of Agreement. Such account will be an asset ofFDOT. 2. Other deposits will be made only by the Participant as necessary to cover the cost of additional work prior to the execution of any Supplemental Agreements. 3. All deposits shall be made payable to the Deoartment of Financial Services. Revenue Processing and mailed to the FDOT Office of Comptroller for appropriate processing at the following address: Florida Department of Transportation Office of Comptroller 605 Suwanee Street Mail Station 42B Tallahassee, Florida 32399 ATTN: LFA Section A copy of this Agreement should accompany any deposits. 4. The FDOT's Comptroller and/or her designees shall be the sole signatories on the escrow account with the Department of Financial Services and shall have sole authority to authorize withdrawals from said account. 5. Unless instructed otherwise by the parties hereto, all interest accunlulated in the escrow account shall remain in the account for the purposes of the project as defmed in the LFA. 6. " The Department of Financial Services agrees to provide written confirmation of receipt of funds to the FDOT. 7. FDOT. The Department of Financial Services further agrees to provide periodic reports to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTAnON COMPTROLLER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF TREASURY ~~~~~ PARTICIPANT SIGNA ~jt<<lr- By: Scott Teach, Assistant County Attorney Frank Halas. Chairman PARnCIPANTNAME & nTLE .""""'''''1/,. .'.... tr!i,';~.., "//",/ ATTEST"" ~"",,; A " ,; ";".~."'--~".. "'~.,;' DWIGI1T.EJlRogK~'"F~ .:' -.<;=" .'- ) \......-: 3301 E Tamiami Trail N&j)les FI, 34] 12 PARnCIPANT ADDRESS 59-Ii000558 FEDERAL EMPLOYER J.D. NUMBER ,.QC :..!. 'peputy Clerk i .: fi t _ '. r", _y':.";' ~ tijtt~: ten.:, ~..Jr..Ian ' s 11~ '~~lytl'... . ...,...",