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Backup Documents 02/24/2009 Item #16B 5ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY THE BOARD OFCOUNTY COMNIIS COMMISSIONERS OFFICE FOR GNATURE 16 6 5 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 #I 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 # I through #4. emmnlete the checkli< and fnr rd to .e"e Fucnn nine ucN Route to Addressee(s) (List in routing order Office Initials Date 1. Contact (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Date Item was was fzbYUA1 Z/ ZC'�1C1 2. +A j l.(' . Approve db the 3. by the Office of the County Attorney. This includes signature pages from ordinances, Type of Document (�p ¢�q ?' ( �kfiL) 1[ 4. Number of Original Attached L, (��( contracts, agreements, etc. that have been fully executed by all parties except the BCC Documents Attached 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's 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 the 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 itern.) Name of Pr imary Staff [)ale " jh0n Yes Phone Number zyz - 59>2-7 Contact (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Date Item was was fzbYUA1 Z/ ZC'�1C1 Agenda Item Number +A j l.(' . Approve db the by the Office of the County Attorney. This includes signature pages from ordinances, Type of Document (�p ¢�q ?' ( �kfiL) 1[ Number of Original Attached L, (��( contracts, agreements, etc. that have been fully executed by all parties except the BCC Documents Attached INSTRUCTIONS & CHECKLIST Please scan udder in the BMR Real Property Folder. Thank you I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 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 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 frame or the BCC's actions are nullified. Be aware of your deadlines! 6: The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. Please scan udder in the BMR Real Property Folder. Thank you I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 MEMORANDUM Date: February 26, 2009 To: Dale Bathon Project Manager, Trans /ECM From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Transportation Post Project Maintenance Agreement Between FDOT & Collier County Attached is the original document, referenced above (Agenda Item #16B5), approved by the Board of County Commissioners on Tuesday, February 24, 2009. Please return the fully executed original to the Minutes and Records Department for the Board's Official Record. If you should have any questions, please contact me at 252 -7240. Thank you. 16b5 6)P4-� tl�I, S t I It a,„ b),A 3 Y'— , l d- ITEM NO.: FILE NO.: ROUTED TO: - �cm- oio3� -1 1 x-16 B D'A, -),- c L'i>^ L{ DATE RECEIVED: r_ 'do n f DO NOT WRITE ABOVE THIS SPACE (Orig. 9/89; Rev. 6/97) REQUEST FOR LEGAL SERVICES (Please type or print) eJ- ad 4 Date: 2/5/09 To: Office of the County Attorney, Attn: Scott Teach From: Dale Bathon Principal Project (Name) (Title) Transportation TECM (Division) (Department) Telephone # (Very Important): 252 -5827 Re: FDOT Maintenance Agreement (Subject) dl BACKGROUND OF REQUEST /PROBLEM: gy,pp. n , (Describe problem and give background information - be specific, concise, and articulatkr l MgZ/ Maintenance agreement for FDOT project FP1D 42352415201 Transportation Post Project Maintenance Agreement for the Maintence of a pedestrian bridge and guardrail (Are there documents or other information needed to review this matter? If yes, attach and reference this information.) This item has/has not been previously submitted. (if previously submitted provide County Attorney's Office File No.) ACTION REQUESTED: (Be very specific. Identify exactly what you need in the way of legal services.) CAO preperation of resolution for presentation to the BCC for Post Project Maintenance Agreement of FDOT project , pedestrian bridge and guardrail located on 20th Place SW bewteen 50th Street SW and 50th Terrace SW. OTHER COMMENTS: Please see attached Executive Summary and Maintenance Agreement CC.* Jay Ahmad, Dale Bathon, John Vliet (AI-1 requests must be copied to your appropriate Division Head or Constitutional Officer.) 16B5 RESOLUTION NO. 2009 - 39 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA MEMORIALIZING THE BOARD'S APPROVAL OF A TRANSPORTATION POST PROJECT MAINTENANCE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE MAINTENANCE OF A PEDESTRIAN BRIDGE AND GUARDRAIL "SAFE TO SCHOOL" PROJECT ON 20TH PLACE SW BETWEEN 50TH STREET AND 50TH TERRACE SE. WHEREAS, at the February 24, 2009, meeting of the Collier County Board of Commissioners the Board approved entering into a Transportation Post Project Maintenance Agreement with the Florida Department of Transportation ( "FDOT ") for the maintenance of a pedestrian bridge and guardrail "Safe to School" project on 20'h Place SW between 50w Street and 50th Terrace SE (the "Agreement ") whereby FDOT has undertaken the project to construct a pedestrian bridge and guardrail with federal participation and Collier County agrees to assume post project maintenance following the completion of the project; and WHEREAS, FDOT requires the Board to provide a resolution memorializing and confirming the Board's aforementioned affirmative vote approving the Agreement and authorizing its Chairman to execute the Agreement; and WHEREAS, the Collier County Board of County Commissioners finds that it is in the public interest to enter into the Agreement and assume post project maintenance following the completion of the project. 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 Agreement with FDOT. 2. A certified copy of this Resolution shall be forwarded to FDOT along with the Agreement for execution by FDOT. 1685 THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this 24th day of February, 2009. ATTEST:,-. , I3WIta C E. BROCI�- Clerk r e _ � JJU7 'ml& . M604 1 signature 0010 Approved as to form and legal sufficiency: <�" 'e )2 Scott R. Teach, Deputy County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIE OUNTY, FDA By: G'yr'e° DONNA FIALA, Chairman FPID # 423524 152 01 TRANSPORTATION POST PROJECT MAINTENANCE AGREEMENT BETWEEN FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY This is an Agreement, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT," and COLLIER COUNTY, hereinafter referred to as "LOCAL AGENCY" for the maintenance of post - project transportation enhancements described below. WITNESSETH 1. WHEREAS, pursuant to §339.08(2)(b), Florida Statutes (1995) and the Intermodal Surface Transportation Efficiency Act of 1991, the DEPARTMENT is authorized to undertake a project within the LOCAL GOVERNMENT geographical limits; and 2. WHEREAS, said project is identified and known to the parties as Financial Project # 423524 152 01, FAP # SRTS 052 A, which will benefit the LOCAL AGENCY; and 3. WHEREAS, in accordance with Title 23, U.S. Code, Section 116 and Federal Highway Administration regulations issued pursuant thereto, there must be an agreement from the LOCAL GOVERNMENT to maintain the project; and WHEREAS, the LOCAL GOVERNMENT by Resolution No. , dated a copy of which is attached hereto and made a part hereof, has consented to and approved the Agreement and has authorized its Chairman of the Board of County Commissioners or Designee to execute said Agreement. NOW, THEREFORE, in consideration of the premises, the parties agree as follows: 1. The DEPARTMENT has undertaken the project and obtained approval for federal participation in pedestrian bridge & guardrail Safe Routes to School project on 20`h Place SW between 50th Street SW and 50th Terrace SW. 2. It is understood and agreed by the parties that upon completion of the project, the LOCAL AGENCY shall be responsible, at its costs, for maintenance of said project in accordance with the following federally accepted state standards: (a) Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (2005), as amended; (b) FDOT Procedures 850 - 065 -001 and 850- 065 -002, as amended. 1685 FPID # 423524 152 01 COLLIER COUNTY Page 2 of 3 3. 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 understanding 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. 4. This Agreement shall be governed, interpreted and construed according to the laws of the State of Florida. 1685 FPID 111423524 1 52 01 COLLIER COUNTY Page 3 of 3 IN WITNESS WHEREOF, the COLLIER COUNTY has caused this AGREEMENT to be executed in its behalf through its Mayor or designee, and the DEPARTMENT has caused this AGREEMENT to be executed in its behalf through its District Secretary for District One, FLORIDA DEPARTMENT OF TRANSPORTATION as indicated below. This AGREEMENT shall become effective on: February 24, 2009 COLLIER COUNTY ATTEST N l"O b"'J jOk `�� �V' ' . Dwight Brock„ ' PRINT NAME Clerk of Courts TITLE DATE COLLIER COUNTY LEGAL REVIEW: J��! — DATE BY: e.,- � , -4 � ;� CHAIRMAN; BOARD OF COUNTY OF COUNTY COMMISSIONER OR DESIGNEE Donna Fiala PRINT NAME February 24, 2009 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST BY: PRINT NAME TITLE DATE PROJECT MANAGER APPROVED: BY: PRINT NAME TITLE DATE FLA. DEPT. OF TRANS. LEGAL REVIEW: BY: BY: